Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 31 March 2015), February 1756 (17560225).

Old Bailey Proceedings, 25th February 1756.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol-Delivery FOR THE CITY of LONDON, And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 25th, Thursday the 26th, Friday the 27th, and Saturday the 28th of FEBRUARY,

In the Twenty-ninth Year of His MAJESTY'S Reign. NUMBER III. for the YEAR 1756. Being the Third SESSIONS in the MAYORALTY of The Right Honble SLINGSBY BETHELL, Esq; LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed, and sold by J. ROBINSON, at the Golden-Lion, in Ludgate-Street. 1756.

[Price Four-pence.]

THE PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of LONDON, &c.

BEFORE the Right Honourable SLINGSBY BETHELL, Esq; Lord-Mayor of the City of London; Sir THOMAS DENNISON, Knt. * Sir RICHARD ADAMS, Knt. + Mr. Justice BATHURST, || Sir WILLIAM MORETON , Knt. ++ Recorder, and others of his Majesty's Justices of Oyer and Terminer for the said City and County.

N.B. The characters * + || ++ direct to the Judge by whom the prisoner was tried, also (L.) (M.) by what Jury.

John Gray . I am not certain to the day I lost my calimanco, but I found 30 yards of half yard calimanco in the prisoner's room, in her box; she was my servant.

Q. What are you ?

Gray. I am a warehouse-keeper.

Q. How came you to suspect her?

Gray. I had information she had taken away other goods, so in searching her box I found this piece, ( producing it) it is my property.

Q. What did she say upon your finding it?

Gray. She owned she had it in her box the night before I search'd for it.

Q. How long had she been your servant?

Gray. Betwixt 4 and 5 months.

Q. Where was it taken from?

Gray. From out of my warehouse.

Q. Where do you live?

Gray. I live in Castle-court, Lawrence-lane.

William Kemp . I am constable, Mr. Gray charged me with the prisoner, on suspicion of robbing his warehouse. I took her to the compter; the next day she desired to come to her master's house; I took her there, she opened the box and took out this piece of calimanco, and said it was her master's property.

Prisoner's defence.

I saw this piece at the bottom of the stairs, I took it and put it in my box and intended to give it my master the next day, but forgot it.

Guilty 4 s. 10 d.

[Transportation. See summary.]

109. (M.) John Parkin was indicted for that he had in his custody and possession a certain paper writing purporting to be a bill of exchange , in the words following,

Whitehaven, Nov. 28. 1755.

Twenty days after sight, please to pay to Ann Bigland , or order, the sum of ten pounds, and place it to accompt as advised by

Thomas Downs .

10 00

Directed to Mr. Benjamin Titley , merchant, Nicholas-lane, London. And that he feloniously did make, forge and counterfeit, and cause to be made, and willingly asserted therein certain acceptance in these words and abbreviations.

16 of Dec. 1755, Accepted Benjamin Titley . And for uttering the same with intention to defraud Henry Blake , Dec. 20. *

Henry Blake. The prisoner has an aunt lodges at my house.

Q. Where do you live?

Blake. I live at the corner of Duke's-court, Drury-lane; he came backwards and forwards to visit her some times, two or three times a day for near two months.

Q. When did he come first?

Blake. To the best of my knowledge he came first in September last; he behaved himself always very sober and civil.

Q. What business was he in?

Blake. I can't say he was in any business. He asked me if I could give him cash for a note; (I believe that was in December) and produced one of 10 l. accordingly I gave him 10 l. upon it, after which I found it to be a bad one.

Q. How did you find that out?

Blake. I had taken another note of him after that, which I had some reason to suspect being a bad one.

Q. Who was it accepted by?

Blake. By Benjamin Titley .

Q. Had you seen Benjamin Titley ?

Blake. No, I had not. He produced the note.

Q. Has there been any alteration made in it since he gave it you.

Blake. No, there has not; only I paid it to a wholesale cheesemonger at Smithfield-bars, who put a figure on it when it became due, on the top of it.

It is read to this purport.

Whitehaven, 28 of Nov. 1755.

Twenty days after sight, please to pay to Ann Bigland , or order, the sum of ten pounds, and place it to accompt, as advised by me,

Thomas Downs .

10 00

To Mr. Benjamin Titley , Merchant, Nicholas-lane, London.

16th of Dec. 1755. accepted per Benja. Titley.

Q. Did he frequently come to your house after this?

Blake. He did, and visited his aunt as usual. After I had went and enquired about another note I had taken of him, and found it a bad one, it was accepted by Robert Ashbridge , who denied it to be his accepting, then I went and took the prisoner up, being myself an officer, and also went and took up this note, and paid the 10 l. for it. I took the prisoner before justice Fielding, and he was committed.

Cross Examination.

Q. Where did the prisoner come from when he came to London?

Blake. He came from out of the country.

Q. Upon what occasion did he come out of the country?

Blake. I don't know upon what occasion.

Q. Did he attempt to make his escape, when he saw you come to take him up?

Blake. No, he did not; he was willing to go along with me.

Q. Was the note due at that time?

Blake. No; that was not due, the other was.

Benjamin Booth . Mr. Titley was sent for before justice Fielding, and I went along with him; he was shewn this bill here producer, and ask'd, by the justice, if it was his hand writing; that is the acceptance; he said it was not his acceptance.

The prisoner was called upon to make his defence, but said, he had nothing to say.

C. for prisoner, to Mr. Blake. Do you know whether this bill is a true or a false one?

Blake. I do not know.

C. for prisoner. Do you know Thomas Downs of Whitehaven ?

Blake. No, I do not.

C. for prisoner. Did you ever enquire after him?

Blake. No, I did not.

C. for prisoner. Did you ever enquire after Ann Bigland ?

Blake. No, I did not.

For the prisoner.

John Fish . I have known the prisoner about 3 or 4 months, the time he has been in London; I never saw any irregularity in his behaviour.

Q. What business is he?

Fish. He informed me he was son to an attorney, and came here to be further'd in that business.

Samuel Normington . I have known him about 3 or 4 months.

Q. How old is he?

Normington. He is about 19 years of age; I never heard any ill of him.

Isabella Parkin. I am first cousin to the prisoner; he came to London some time in September last; his father is an attorney at Whitehaven in Cumberland, and he came to town to serve the remainder of his clerkship in Gray's-Inn.

Guilty Death .

He was a second time indicted for that he had in his custody a certain paper writing purporting to be a bill of exchange to this purport.

Manchester, 2 Dec. 1755.

Twenty days after sight please to pay unto John Parkin , or order, the sum of seventeen pounds, and place it to accompt, as adviesd

per John Gilliard .

17 00

Directed to Mr. Robert Ashbridge , a pawnbroker, East-Smithfield, London. And that he feloniously did make, forge and counterfeit, and cause to be made, and willingly asserted therein, a certain acceptance in the words and figures following. Dec. 7, accepted per R. Ashbridge, and for publishing the same with intent to defraud Robert Ashbridge , Dec. 14 . *

Hen. Blake. The prisoner desired I would let him have 17 l. upon this bill, holding one in his hand; he said it was drawn by a very good person and accepted likewise. I paid him the money and took the bill.

Q. When was this?

Blake. This was some time in the beginning of Dec. last. I went with the bill to Mr. Ashbridge on the 23d of Dec. and he denied the acceptance to me.

The bill read to this purport,

Manchester, 2 Dec. 1755.

Twenty days after fight please to pay unto John Parkin , or order, the sum of seventeen pounds, and place it to accompt, as advised.

per John Gilliard .

17 00

To Mr. Robert Ashbridge , a pawnbroker, East-smithfield, London.

Dec. 7 accepted by R. Ashbridge.

Robert Ashbridge . Mr. Blake came to me on the 23d of Dec. with a bill. I told him I knew nothing of it.

Court. You can't give evidence concerning the bill. Have you any body here that knows your hard writing?

Ashbridge. I have; his name is Henry Wade .

Henry Wade . (He takes the bill in his hand) This name R. Ashbridge is not Mr. Ashbridge's hand writing. I am sure it is not.

Q. Are you acquainted with his hand writing.

Wade. I am. I have been his tenant 12 years; here is a book of his receipts (producing a book)

The Court and the Jury look at the book and bill, and declare there is no comparison at all.

Thomas Johnson . I was master of the ship Ruby, lately arrived from Jamaica; the two prisoners at the bar were put into her as king's officers , and I believe they had the sole charge of her when she was put into the wet dock at Black-wall.

Q. When did she go into the dock?

Johnson. I don't know; I was discharg'd from the ship a little before she went into the dock: it is about two months ago.

Q. Was she delivered of her goods?

Johnson. She lay at Shadwell-dock when she was delivered of part, but there were above 40 puncheons of rum left on board when she went into the wet dock; and there was a chest of arms.

Q. Who were the owners of the ship?

Johnson. John Campbell and others, I don't know their names?

Q. In what part of the ship was the rum and chest of arms.

Johnson. The rum was down in the hold, and the chest of arms in the steerage

Q. Were the arms lock'd up?

Johnson. I believe they were.

Q. When did you see them on board last?

Johnson. I saw them when I was discharged, and gave the mate orders to lock up the chest, and he told me afterwards he did.

Q. What arms were there on board?

Johnson. There were 12 muskets, 4 musketoons and 6 pistols, all in the same chest.

Q. Had they any marks to them?

Johnson. No, none as I took notice of. I left them in the ship at Shadwell-dock.

Cross examination.

Q. Was you ever on board the ship after she was in the wet dock?

Johnson. I was on board her 10 days ago, to see by over-hawling the things what was missing.

Q. What did you find missing?

Johnson. There were 4 muskets, one musketoon, and 5 pistols missing.

Q. Were the prisoners on board then?

Johnson. They were.

Q. How long had you been absent from her?

Johnson. About 5 weeks as nigh as I can guess.

Q. Did you inform the prisoners at that time, of what you missed?

Johnson. No, I did not.

Q. How came they to be taken up?

Johnson. I can't tell.

Capt. Campbell. I am one of the owners of the ship Ruby; on Sunday was fortnight I receiv'd a letter from Mr. Perry, a master builder at Blackwall, giving me an account of these things being missing from the vessel. I sent word to John Sidney , to go on board to see in what condition the arms were i n, and to come to me at the Jamaica coffee house; he came and inform'd me there were arms missing. Then I ordered him to meet me on the Wednesday after at Blackwall, which he did; then captain Johnson and I went on board; when we got upon deck we could not get the compainon open, there stood Login on board, I ask'd him what he did there? he said he was the king's officer, and said he would open it, which he did; we went down into the steerage, there was an empty cask stood on the arm chest, I bid him take it off, which he did; I opened the chest and bid captain Johnson take the arms out, which he did; there were 8 muskets, 1 pistol, 3 blunderbusses and eleven cutlasses.

Q. What were missing?

Campbell. There were wanting 4 muskets, one blunderbuss and 5 pistols, according to the inventory. I taxed Login with taking them, and ask'd what was become of them? presently Johnson came from out of the ship's hold; then I said to them, what a fine character have I got to lay before the commissioners of the excise of you for taking care of the ship; they said they knew nothing of the matter.

Q. Were there any others left in care of the ship besides the prisoners?

Campbell. No, there was no body else, the ship is laid up for a year; and on their desiring to be in the steerage, I gave them leave. Then we went to a publick-house in Poplar, and was told there were some arms there. The landlord told me Login had brought some arms there, and one McBean had carry'd them away; I think he said three musquets and some pistols. We took up McBean, he owned the same, and we found by his directions 2 musquets, 4 pistols, and a piece of canvas, and before the justice McBean confessed the stealing of rum. (Four musquets and five pistols produced in court.) I can't swear these are the same that were missing, they are such as I bought for the ship's use about six years ago; they were the property of me and the rest of the owners.

Johnson. The pistol's are the very same that were on board the ship Ruby, I believe the musquets to be the same, but I'll not swear to them.

John Sidney . On Friday the 9th of this instant February I received a letter from capt. Campbell, with another inclosed which he received from the master builder; he desired me to go to the ship to over-hawl the arms, to see what was missing. I went on the Tuesday morning and took capt. Johnson with me. We looked in the arm chest and found 8 musquets, 1 pistol, and 10 cutlasses. I went to the Jamaica coffee-house and told capt. Campbell what we found, he said then there were so many missing according to the inventory.

Q. Were the prisoners challenged with taking what were missing?

Sidney. They were, but they denied it, Then I found McBean in company with Johnson, he produced 4 pistols and some canvas; then he went with me before justice Berry and made his confession. I know nothing against the prisoners. I took charge of the ship at Shadwell-Dock, and carried her into the wet dock, at Blackwall.

Cross examination.

Q. When a ship is in dock is it not customary for other people to come on board her ?

Sidney. They have no right to go under the deck, they pass and repass over her, as she lays by the side of others.

Q. Were there none on board the ship while she was in the dock to take care of her?

Sidney. About three days after she was in the dock I discharged a man by order of the owners; then there were none left but the prisoner, no body had any right but themselves to be there, and I had the keys of the hatches.

Alexander McBean . William Login came to me at different times to the Sarah Galley at Porlar with 2 mosquets and 4 pistols; I then look'd after Mr. Turnhill's house for two or three days, while he was ill; Login desired me to carry the arms to London for him to my uncle's house in Ratcliff-Highway, and to sell them for him, and told me I should have some of the money. I told him I would not do it upon any account.

Q. Did he tell you where he had them?

McBean. He did after he brought them, that he had them from on board the ship he was on; he came to me on the 8th of this instant, and asked me if I had a gimblet, and bid me come on board after him. I went; he took an old key out of his pocket, and unlock'd the padlock, and gave me a dark lanthorn and a candle, and bid me go into the hold along with him, and said he'd give me some rum, for it would never be missed; he took the gimblet and bored, and draw'd off some rum from a puncheon. Then he went to a locker on the side of the ship, and brought a piece of canvas and cut it in two pieces, and gave it to his wife, and she carry'd it to Poplar; and he gave me about 3 yards of it, which is this piece here in court; the bit he had was as big again as mine.

Q. What quantity of rum did you take?

McBean. He gave me four flasks, and kept seven to himself, the flasks held about a quart each.

Q. Do you know whether Johnson had any rum?

McBean. I know he had three gallons at a publick-house at Poplar, but how he came by it I don't know.

Q. What became of that?

McBean. He told me he had sold it.

Q. Do you know whether Johnson had any of the canvas?

McBean. Login told me Johnson had some, but I did not see him take any thing.

Q. Where was Johnson when you was on board?

McBean. He was then at home.

Cross examination.

Q. Where do you live?

McBean. I live in Ratcliff-Highway, with my uncle.

Q. What is his business?

McBean. He is a grocer by trade.

Q. Are you of no business whatever?

McBean. No, nothing but of his business; I serve in the shop.

Q. How long have you been acquainted with the prisoners?

McBean. I never saw them before the ship came into the dock at Blackwall.

Q. How many times had you been on board that ship?

McBean. I can't tell.

Q. Was you 20 times?

McBean. I can't say, I believe not.

Q. Had you seen Login before he brought you the musquets?

McBean. Yes, I had two or three times; I had spoke to him several times.

Q. Where?

McBean, At a publick-house at Blackwall. When I went on board, Johnson and he were on board together.

Q. Did not you carry a bunch of keys on board?

McBean. I had keys in my pocket; but they belong'd to my uncle, they did not know that I had them about me.

Q. What time was it he brought you the musquets?

McBean. I can't say, but it was before he gave me the rum.

Q. Did not you know he was stealing the rum then?

McBean. I did know it.

Q. How came that qualm of conscience to go off?

McBean. He told me it would never he missed?

Q. How came this affair to come out, was not you apprehended with some things upon you?

McBean. No, I was not.

Q. Had you never hinted on shore to them, that, as the militia was raising in London, you wish'd you had a gun for your uncle's service ?

McBean. No, my uncle had a gun.

Q. Did Login tell you what he wanted a gimblet for?

McBean. No, he did not, till such time as we went down into the hold.

Q. Was any body in the publick house at the time he brought the guns in?

McBean. He brought them in backwards in the evening, there might be some people in the foreroom.

Q. Did he say they were his own, or that he had stole them?

McBean. He told me they were his own.

Q. What is your uncle's name?

McBean. His name is McBean.

Q. How far does he live from the wet dock.

McBean. It is about two miles.

Q. Where had you seen Login before this time?

McBean. I had seen him at two publick houses.

Q. How came you to be so greatly acquainted?

McBean. Because Login is a countryman of mine.

Q. What country?

McBean. Scotland.

Q. Have you been on board vessels in this wet dock before?

McBean. I have on board Indiamen a great many times.

Q. How many times might you have been in this wet dock before you saw Login?

McBean. It is impossible for me to tell that; I believe more than ten times.

Council. Twenty times?

McBean. I can't tell.

Q. Have you been ten times a year?

McBean. No, sometimes I have not been above once a year.

Q. Did you not lodge at the Old Hob next the dock?

McBean. No. only my aunt and I had some words, and I went and staid there a week once.

Q. Who did Johnson say he sold the 3 gallons of rum to?

McBean. He said, to a man that kept the Sarah Galley .

Matthew Turnhill . I keep the Sarah Galley in Poplar; The two prisoners have both brought rum to my house; there was more rum in my house, but who brought it in I know not; there were also 4 pistols and some muskets. I know not who brought them, but the last evidence carried them away.

Q. Did the prisoners use your house?

Turnhill. They did; I once put McBean in my house while I went to London, and what was transacted in my absence I cannot tell.

Q. Did you see the rum measur'd?

Turnhill. I did not; I have seen two flasks in the prisoners pockets.

Q. What did you pay them for the rum?

Turnhill. I paid them 5 s. 6 d. or 6 s.

Q. To whom did you pay it?

Turnhill. I paid it to McBean, it was he that let me have it.

Q. Did you ever buy any of the prisoners?

Turnhill. No, I never did, I have seen them bring rum to my house and put it down on the table.

Q. Did McBean deal in rum?

Turnhill. They came all three together, and I made some of the rum into punch and they drank it; McBean measured it.

Q. How much per gallon did you give him for it?

Turnhill. I did not make a bargain; McBean told me it would be of service to me; I am but a new publican.

Q. How much might the flasks hold?

Turnhill. I believe each held a gill over a quart; they told me I should pay after the rate of 8 s. per Gallon.

Q. When was this?

Turnhill. This was three weeks ago, I believe; they always behaved well when they came to my house.

Cross examination.

Q. Can you tell what quantity they brought?

Turnhill. No, I cannot.

Q. Is there not an allowance on board a ship for a Customhouse officer?

Turnhill. I can't tell indeed.

Johnson's defence.

I brought rum to that man's house at different times, it was what I saved out of my allowance, and did not belong to the ship.

Login's defence.

This man, McBean, being a duffer, he used to go on board these ships; he is always lurking about that place.

Q. to Capt. Campbell. Is there any particular allowance to the Custom-house officers for rum?

Campbell. There is none at all, without we please to give it them.

To Johnson's Character.

Henry Smith . I have known Johnson between 7 and 8 years, he is a very industrious man; I do not believe he would be guilty of this thing.

- Child. I have known Johnson these 7 or 8 years, he always behaved well, and is an industrious honest man.

Nicholas Comar . I have known him several years, he is a good officer, a sober honest man.

Robert Jennings . I live next door to Johnson, he is a very honest man.

For Login.

James Caster . I have known Login about a year, he is a very honest man, as far as ever I knew, he has done business in my family, and has been trusted in my house.

Eliz. Walding. Login lodged at my house, I have known him between 8 and 9 months, he is a very honest man and behaved very well.

Mrs. Carter. I have known him about 12 months, I never heard his character stained in my life.

Margaret Smith . I have known him between 3 and 4 years, he has a very good character, and is reckoned a very industrious, sober young man.

Elizabeth Lee . The prisoner at the bar courted me, and I had not things to be married in; he desired me to take these things, and he received them out at the window.

Q. What are you?

E. Lee . I am servant to Mr. Smith, who keeps a publick house , the punch-bowl near Charing-cross ; he was almost every day there, he is a soldier .

Q. Did he receive them of you?

E. Lee . Yes, I bundled them up, and he receiv'd them out at the window, of me, and I put them on, and he went away with my things after I had put them on; and he told my mistress where to End me, and Mistress took me with them on.

Q. What were the goods?

E Lee . They were a damask gown and a pair of stays.

Q. What did he do with them?

E Lee . He said he would wait at the rummer till I came, and he did.

Q. Did you go to be married?

E. Lee. We went over the water and lay together all night, and after that he would not marry me.

Prisoner's defence.

I went to the prosecutor's house to drink a pint of beer and eat a bit of bread and cheese; this girl came to me and desired me to carry her bundle for her, and said she would give me a shilling, for she had a mind to leave her place. I asked her to bring I down; she said her Mistress was not willing for her to go away, so she would put it out at the window, which she did, and I carried it as far as Somerset house; she persuaded me to go over the water and lay with her all night. I belong to the guards.

William Jones . On the 16th of this instant, about eleven in the morning, I was going by Holbourn-Bridge , and thought I felt somebody picking my pocket; I turn'd and saw the prisoner crossing the way; I followed him, and he ran down Field-Lane. I call'd out stop thief, and he was secured and carried to an alehouse. After he had been there some time he took my handkerchief out of his breeches, and said that he did not take it, but that another person pick'd it out of my pocket, and gave it to him (produced in court, and deposed to by a mark on it. )

Lancelot Warton. I am a pastry-cook near Holbourn-Bridge. I have seen the prisoner very frequently picking pockets in our neighbourhood. I saw him take this out of the gentleman's pocket, and then ran down Field-Lane, we followed, and he was taken.

Prisoner. I have people here to my character.

Mary Bayland . The prisoner lived ten or eleven months in my house.

Q. How long ago since he lodged in your house?

M. Bayland. It was some time before last Christmas. I take him to be an honest man.

Q. What business is he?

M. Bayland. He is a carpenter.

Thomas Holloway . I have known him nineteen years, to the best of my knowledge I believe him to be an honest man.

John Tidd . I have known him about eight years; he is a very sober man for what I know of him.

Sarah Holloway . I am wife to Thomas; I have known the prisoner three years, he is an honest industrious man, as far as ever I heard.

Ann Hill. I knew the prisoner when he was but ten years of age; he is an honest man as far as ever I heard.

Guilty 10 d.

[Transportation. See summary.]

114. (L.) James Macdaniel was indicted for stealing thirteen pair of mens shoes, value 25 s. the goods of George Side , privately in his shop , January 18 . ||

George Side . I live in Field-Lane ; am a shoe maker . On the 18th of last month, in the evening about eight o'clock we had the shop door open. I lost thirteen pair of pumps. I enquired about and found three pair of them; the prisoner also told me he had sold 4 pair to one Mr. Gresham, a shopkeeper in Rosemary-Lane, he said a woman in the Fleet-Market gave them to him to sell for her.

Henry Blany . The prisoner brought me two pair of shoes and offer'd to sell them. I suspected they were stolen. I found out by enquiring about that the prosecutor had been robbed of some shoes. I deliver'd them to him (produced in court and deposed to by the prosecutor.)

John Minitt . I am a watchman. We took the prisoner into the watch-house and searched him, and found a pair of shoes in the lining of his coat (produced in court, and deposed to by the prosecutor.)

Prisoner's defence.

A woman sold me the shoes for three shillings and eight-pence per pair.

To his character.

Ralph Smith . I have known the prisoner about half a year; his father is a shoe-maker in Gray's-Inn-Lane; he works with him, I never knew any ill of him.

Andrew Holiate . I have known him about four months, and never heard of any dishonesty by him.

Peter Brisake . I live in White-Lion-Street, Norton-Falgate . I lost 4 linen window curtains. Mr. Hall produced them to me, and said he had them of the prisoner at the bar. The prisoner was taken up, and before Sir Samuel Gower he did not deny it.

Q. What was said before Sir Samuel in the prisoner's hearing?

Brisake. Mr. Hall said he had them from Mr. Hambleton, and Mr. Hambleton's wife said she had them of the prisoner at the bar.

Q. What said the prisoner to that?

Bris ake. He said his wife gave them to him.

Q. Did you know the prisoner before?

Brisake. No, I never saw him before we were before Sir Samuel, neither can I conceive how he came at them.

Henry Hall. These curtains were brought to my house by a broker in Spitalfields, one Hambleton, to sell.

Q. What are you?

Hall. I keep a broker's-shop in Moorfields. When I came to look at these, I found they were not compleat (produced in court, and deposed to by the prosecutor. ) I was not minded to buy them; he told me they were the property of a man under misfortunes.

Q. Did you buy them of Hambleton?

Hall. No, I did not; but I lent some money to Hambleton to buy the other of them; happening to have a linen draper at my house, I shew'd him them, and ask'd him if he had any thing that would match them; he then told me they were the property of Mr. Brisake, and he had been with him to see if he could get more of the sort to match what was left. I went with him to Mr. Brisake's, and he swore to his curtains. I heard the prisoner say he carry'd them to Hambleton, and Hambleton said he had them of his wife.

William Hambleton . These curtains my wife bought in my absence. I carry'd them to Mr. Hall, and ask'd him 26 shillings for them; he said he'd give me 18. I desired him to let me have a guinea (but we agreed for 18 shillings.) I had a warrant granted against me by Sir Samuel Gower , but when he found I did not buy the curtains, he discharged me; as to the prisoner, he is a stranger to me.

Mary Hambleton . To the best of my knowledge I had these curtains from the prisoner at the bar; I deliver'd them to my husband, and said I had occasion for money, and he must go into Moorfields and sell them.

Q. Was you before the justice?

M. Hambleton. Yes.

Q. How do you get your living?

M. Hambleton. I pick pieces for the weavers.

Q. Did you know the prisoner before?

M. Hambleton. I had seen him before, but was never acquainted with him.

Q. What did you give for them?

M. Hambleton. I gave him 20 for them; he told me the remainder were pledged.

Q. to prosecutor. What is the value of these curtains ?

Prosecutor. I really do not know.

Court. Your husband agreed to sell them for eighteen shillings.

M. Hambleton. That was by reason we wanted money.

Q. How long was this after you bought them?

M. Hambleton. I don't justly know, it was about a week after.

Prisoner. These are not the curtains that I sold her; these are blue cheque, what I sold her was red cheque, which I sold to her for fourteen shillings. I have been acquainted with them five or six years.

Mary Key. I saw these curtains at Mrs. Hambleton's house.

Q. Who brought them there?

M. Key. That is the gentleman (pointing to the prisoner.)

Q. What did he sell them for ?

M. Key. For twenty shillings, to Mrs. Hambleton. For the prisoner.

(A woman.) I lived six weeks servant with the prisoner; he always behaved well.

Ann Penny . I have known him a great many years; I know no harm of him.

Ann Phenix . I have known him between six and seven years; I never knew any ill of him.

Edward Hanson . The prisoner was helper to me about 10 days. I am coachman to Mr. George Richard Carter . I went out with my master and mistress on the 19th of January, I left him in the stable. I returned in about half an hour, and found the stable door on the latch, and missed my silver buckles from my shoes, and my box from out of my lodging-room in the stable, the door being broke open.

Q. What was in that box?

Hanson. Three shirts, one silver stock buckle, three pair of worstead stockings, one stock, one hone. I found my goods in Aldersgate-Street, at the Black-Horse alehouse; being informed he had confessed they were there, by my fellow servant, after he had been taken up about five days.

Q. Did you ever hear him confess any thing?

Hanson. No, I did not.

Margaret Brown . I am a servant to Mr. Carter. When I heard the prisoner was taken up, I went to see what was the matter. On the 24th of January I ask'd him what he had done with the silver buckles he had taken out of the coachman's room; he told me he had pawn'd them for six shillings; I ask'd him what he had done with the box and other things? He said the hone was at a barber's opposite the Black Horse in Aldersgate-Street; he shew'd me one of the shirts on his back, and own'd the taking of the stockings. He said the box was at the Black Horse, and he had given two shirts out to be mended; he own'd he took three stocks, but would not tell what he had done with them; neither would he own the stock buckle. He told me that he opened the door with the pitch-fork.

John Kent . I was one that help'd to take the prisoner. We took him to an alehouse in Princes-Street. I charged him with taking the goods mentioned; he owned to his having taken the buckles, and said he had pawned them for six shillings; one of the shirts and a pair of stockings he had on, and said they belong'd to the prosecutor.

Prisoner. I ask mercy of the court. I have nothing else to say.

Guilty 4 s. 10 d.

[Transportation. See summary.]

117. (M.) Henry Horn was indicted for stealing one pair of linen sheets, value 5 s. two pillows, value 2 s. two linen pillow cases, two blankets, one pewter dish, one pewter tea pot, one box iron, two iron heaters, and one pair of bellows, the goods of Matth.ew Franklin , the same being in a certain lodging-room let by contract , &c. February 10 .

Mary Darkin. The prisoner chaired at my master's house for two years; I live there. We missed a great many things, but do not charge the prisoner with all. About three months ago we found the things mentioned in the indictment at the pawnbroker's, who can give a farther account.

Thomas Birch . I am a pawnbroker (he produced a pair of Dresden ruffles.) These were brought to me by Eleanor Chapman on the 13th of last Dec. was twelve months. I lent 4 s. on a shift the 12th of last August, brought by Elizabeth Gordon .

Q. Where do you live?

Birch. In Fox-Court, Gray's-Inn-Lane.

Q. to M. Darkin. Look at these things here produced.

M. Darkin. This shift is my property; the ruffles are the property of my master, I bought them.

Ignatius Jourdan . I am a pawnbroker and live in Bedford-Street; here is a shirt I took in on the 2d of August of one Mary Ross .

Q. to M. Darking. Do you know that shirt?

M. Darkin. It is Mr. Martin's shirt; here is his name upon it.

Eleanor Chapman . These ruffles I carried to pledge to Mr. Birch. I was sent by the prisoner with them; I then lived in the same house with her, in Gray's-Inn-Lane. She told me a woman had sent her with them to pledge, to make some money.

Elizabeth Gordon . This shift the prisoner deliver'd to me about the 12th of August on a Monday morning, to pawn, which I did to Mr. Birch, for 4 s. she said it was to pay her rent; I then lodged with her, and she had then work'd about a week at Mr. Martin's house.

Richard Bilton . I lost the goods that are mentioned in the indictment last Wednesday about 12 o'clock: I was just come in with these things from the washerwoman, and went to draw a tankard of beer; the prisoner and 3 Irish men were just come in; when I came up with the beer, they and the things were gone; I ran out and met the woman in Fleet-street, near the end of Salisbury-court; I asked her if she had been at the Castle in Portugal-street; she said no. I laid hold of her hand, and the apron and things dropped from under her arm; a man struck me, and said she should not go with me, but a gentleman said she should go; then the man went away and left us. The goods produced in court.

Prisoner's defence.

I was going along the street. I met some men who sell oranges and lemons, they took me in at this house and called for a tankard of beer, we went away and that man came and laid hold of me, and I saw a young man pick up the handkerchiefs off the ground; he said I had stole them, and because the man struck him, he now swears it on me,

123. (M.) John Wood was indicted for stealing one pair of cloth breeches, value 3 s. the goods of George Holgate , Feb. 3 .

George Holgate . I live in Holbourn , but was not at home when the breeches were taken away; I can only say, they are my property.

James Holding . About the beginning of this month, I saw the prisoner take a pair of breeches from the prosecutor's door, as they were hanging up; I was at work and could not pursue him; about ten days after he came by again. I went out and took him, and asked him if he did not remember his taking a pair of breeches, and carried him to the house; he owned he took them, and pawn'd them for 3 s. and where.

Prisoner. I found them in the street.

Holding. I saw him take them down from the place where they hung.

Margaret Barret . I am a pawnbroker, I live in Hollis-street, Clare-market; on the third of this instant the prisoner pawned this pair of breeches to me for 3 s.

Geo. Holgate . These are my breeches, I described them before I saw them, and told her there was the letter E in the waistband, which is to be seen now.

Eden Wareham. I live in George-street ; on the 2d of Jan. I lost the things mentioned, some from a line, hanging up to dry in my apartment, and some in a chest in my room. The prisoner work'd with me as a journeywoman in winding silk, and lay with me; she got up to make a fire as usual: she said she had occasion to use the pot and must carry it down. She did not return; then I went to get up and missed the things mentioned in the indictment. I have since found the quilted petticoat and cloak. Produced in court and deposed to.

Robert Busley . I live in East-smithfield; the prisoner at the bar brought the petticoat and cloak to me about the 9th of Jan. I lent her 8 s. on the petticoat, and 1 s. 6 d. on the cloak. She brought them as her own property.

Charles Wilford. I live in Clare-street, Claremarket , the prisoner wash'd for my wife; on Thursday the 5th of this instant my wife was taken ill, and we took the prisoner to be with her; on the 8th, the prisoner told me there were 4 pewter plates missing. On the Sunday night she went away, and came again on Tuesday morning. On Wednesday we had occasion to wash, we had got another woman to wash for us, when my wife ordered her to go for the soul clothes, the things mentioned in the indictment were missing; I went to where the prisoner lodged and found she was removed, but got Intelligence where she lodged in Wych street; there I saw the prisoner's sister with one of my wife's aprons on. I charged her with it, and said, if she would not produce her sister I should take her before the justice; she took me to Mr. Penrice's, and there we found a shirt and neckcloth, (produced in court, and deposed to.) then I found an apron and child's shift, at Mr. Brigg's in Great Russel-street, (produced in court and deposed to.) I took up the prisoner the 11th of this instant; she denied every thing at first, but she own'd these things, and said before justice Fielding, if I would forgive her she would work them out.

Susannah Briggs . This shirt and neckcloth Mary Townley brought to me on the ninth of this month, and pawned them for 1 s. 6 d. and said they were her husband's.

Susannah Penrice . The apron and little shift were brought to my house by the prisoner at the bar, and I lent her 2 s. upon them.

James Revil. I live in Charter house street , at the house of Michael Shaw , a grocer; on Saturday last, between 5 and 6 in the evening, I went out and left the prisoner at work, he worked for me, I am a watchmaker : I returned about 10 and went up stairs and found he was gone; on the next day, being Sunday, I unlocked my trunk and missed a blue grey coat and a Saxon green waistcoat; I found that the lock had been forced off, and the nail taken out; then I suspected the prisoner and went in pursuit of him, and found him at the Rose and Crown in Charterhouse-lane on that Sunday about 11 o'clock; I had him secured in Newprison for that day, I went to him there and he confessed the fact, and said he had pawned the coat at Ann Pain's in Golden-lane, and the waistcoat was at the sign of the Fountain, a publick-house in the same lane; then I got a search warrant and and went to the pawnbroker; he brought me the coat down; I went to the Fountain and found the waistcoat there. Produced in court and deposed to.

Francis Smith . I am servant to Mr. Pain, in Golden-Lane. On Saturday last the prisoner brought this coat; I lent him 10 s. on it; on the Monday following I deliver'd it to the prosecutor.

William French . The prisoner came to my house, the Fountain in Golden-Lane, last Saturday night, he was in company with two or three people that knew him, who seeing the waistcoat I said it is not safe to carry it with you to night, so with great reluctance he did leave it.

Prisoner. I was reduced to poverty, which made me do this foolish action.

Guilty 39 s.

[Transportation. See summary.]

127, 128. (M.) James Sharp and Robert Sharrat were indicted for stealing three dozen of handkerchiefs made of silk and cotton, value 3 l. five dozen of linen handkerchiefs, value 40 s. and twelve yards of lawn, value 12 s. the goods of James Mason , privately in the shop of the said James, January 28 .*

James Mason. I am a linen draper , and live in Vere-Street, Clare-Market . On the 28th of January last I went out in the evening about 100 yards below my shop to a butcher's in Clare-Market. I was not gone above ten minutes before a young woman, who is here, came running after me (her name is Mary Carrol ) and desired me to come home, for my shop was rob'd by two men; when I came home I ask'd what like men they were; my wife told me one of them was a butcher in Clare Market, who had been at our shop before. I went and got a warrant, and pursued the prisoners; this was the same evening; I found them at Mr. Butler's, the King's Arms, in Horton-Street (I was informed they used that house) this was near about eight o'clock. I told them they were the men I wanted, for they had been in my shop, and I had lost a bundle of handkerchiefs, and that they must be the men that had taken them. I went to take the warrant out of my pocket, but found I had lost it. I desired them to stay there, and I staid along with them. William Tomlinson went again to justice Fielding for another warrant; he came back and said the justice desired them to be brought before him without a warrant; my wife was there at this time, she knew Sharrat, but she did not directly know the other. I went and got another warrant, and left the prisoners in the house. When I came back I found Sharrat there, but Sharp was gone; Sharp come in again in about half an hour. They used me very ill; I took them up that night, and put them in the Round-House; the next morning we carried them before Mr. Welch, at justice Fielding's, where I charged them with my goods, but they made no answer.

Cross Examination.

Q. After you came there the first time and charged them with the robbery, did they attempt to run away?

Mason. They came to the door and said, would I stop them? I said I would. Sharp said he had a good mind to knock me down.

Q. How long was you gone for the warrant, and who did you leave in charge of the p risoners?

Mason. I was not gone long; I left no body in charge of them.

Q. Was Sharp brought back to the house, or did he come of his own accord?

Mason. He came of his own accord, as far as I know.

Q. Did not your wife and servant declare you had taken up the wrong people?

Mason. My wife swore to one of them; and said the other was in the same dress, only when he was in the shop, his hat was about his ears.

Isabella Mason. I am wife to the last witness. On the 28th of January I was standing in my shop, folding up some cloth; the prisoners came into my shop, pretending to buy cloth for a shirt; they ask'd to see a piece, there was some laying on the counter; they said that was too good, and desired me to lift up my hand and reach down another piece; I told them I thought it strange they should come to my shop, when they had been there about a week before and could not agree. Then one of them went to the end of the counter, where the handkerchiefs were standing; I saw them move, and they were gone; there were 3 dozen of them; the prisoners bought nothing of me.

Q. How far off was the other prisoner at that time?

I. Mason. As high as they could stand. I cried out immediately they were gone, they d - n'd me for a b - h, and said they had not got them

Q. Was there any body in the shop besides yourself and the prisoners?

I. Mason. Not a soul; they saw my husband go out. Then I call'd this Mary Carrol to gong dure to the market to my husband, for I had been rob'd, upon which he came up.

Q. What became of the two men?

I. Mason. They ran away. I sent a man after them; when my husband came he went after the man, in pursuit of them.

Q. Was there any thing else taken besides these handkerchiefs at that time?

I. Mason. Nothing that I know of.

Q. Which of the two prisoners took the handkerchiefs?

I. Mason. I saw them move between them, but I cannot tell who took them.

Q. Did you ever get your handkerchiefs again?

I. Mason. No, I never saw them since.

Cross Examination.

Q. Was it nearer five, or nearer six when they came in?

I. Mason. It was about six or seven minute before six.

Q. You say they had been at your house a week before, how long have you known them?

I. Mason. I never saw them before that time.

Q. How came you to know Sharp lived in Clare-Market?

I. Mason. My husband, knew that.

Q. Was it light when they were in your shop?

I. Mason. It was not light.

Q. When you came to the justice's, what did you say there?

I. Mason. I said I could not swear to Sharrat; but I took Sharp out from among them.

Q. When they were in custody that night did not you desire your husband to desist, and said you did not think they were the persons?

I. Mason. I did not.

Q. Did not they go at their own liberty after they were first taken into custody?

I. Mason. I don't know, my husband was with them, I was not.

William Tomlinson . As I was coming down Vere-Street, Clare-Market, on the 28th of January, between the hours of five and six, I met Mr. Mason's maid, who told me her master had been robbed of a bundle of handkerchiefs. I ran and overtook Sharp in Sheer-Lane. I tap'd him upon the shoulder (not thinking he was guilty of the thing, for I knew him.) I told him Mr. Mason had been robbed, and ask'd if he saw two men run; he said he was sorry for it, and that no body ran that way, only he and his partner had been running. I then went back to Mrs. Mason, and told her I had been of a fool's errand. Then she described the men to me, before I told her whom I met; so I and Mr. Mason went again after them, but could not find them. We went to the Advertising house, where he lost his warrant. We came back to the market, and on inquiry heard that they used Mr. Butler's, at the King's-Arms, where we found them.

Q. How long was it after you first went out after them, that you found them at Butler's?

Tomlinson. About two hours.

Cross examination.

Q. Did the prisoners endeavour to conceal themselves?

Tomlinson. No, they did not.

Q. Were they searched?

Tomlinson. No, they were not.

Mary Carrol . I lodge in Mr. Mason's house. I saw Sharp come into the shop, but did not see him take any thing away. Mrs. Mason called me down stairs, and said she had been rob'd; and I went and told her husband; I can say no further.

Sharp's defence. I was at Mr. Butler's all that afternoon till three quarters after five, when Sharrat and a young woman came to Butler's to me. I went with the young woman to the Horseshoe in Fleet-street, and from thence into Sheer-lane, where we bid one another good night. I turn'd about and said to Sharrat, I must go to St. Dunstan's church for my coat, which is at the taylor's. We ran about half way down Sheer-lane, when Tomlinson overtook me. He asked me if I saw two men run. I said, nobody but I and my friend before. I called him, and asked if he saw any body run; he said, he saw nobody. Then Tomlinson said Mason's shop had been rob'd, wishing us a good night, and we then went to St. Dunstan's church, I took the coat, and paid for it. After that, I went to Butler's again, and when I had been there about half an hour, the men came in, and the prosecutrix said we were the men who had rob'd her shop: I was not at the shop.

Sharrat's defence. I had been at work-all that day till five o'clock in the evening, at one Mr. Grace's, in Brook's market; at that time I went to Clare-market, and met the young woman Sharp has mentioned, who said she was looking for Sharp. I went with her to the King's-Arms, where Sharp was, and called him out, and we went to the Horseshoe, and from thence for his coat; we ran half way down Sheer-lane, when Tomlinson overtook us, and ask'd if we saw two men running. Sharp said, none but he and I. Then we went for the coat, and came back to the King's-Arms. I was not in the shop, nor don't know where it is.

Q. to I. Mason. Did you see Sharrat in your shop the day you lost the things ?

I. Mason. They were both in the shop that day, I assure your lordship.

For the prisoners.

Henry Lewis . I know both the prisoners at the bar.

Q. What are you?

Lewis. I am a bricklayer. I was at the publick house with them where they were taken, betwixt six and seven at night. The prosecutor's wife came in, and while she was inquiring Sharp went up to her, and asked if he was the man. She said, No. Then Sharrat said, Am I the man? No, said she, you are not the man, but you are very much like him.

Q. to I. Mason. Did you say he was not the man, but like him?

I. Mason. No, my Lord, I never said so.

John Patten . I was at the King's-Arms on a Wednesday evening, and saw the prisoners and prosecutrix. Sharp went up to her and said, Am I the man? She said, No Then Sharrat put the same question, to which she replied, no.

John Butler . I keep the King's-Arms. Sharp was at my house from two o'clock.

Q. Was he there till between five and six?

Butler. I can't be sure of that, being myself backwards and forwards. The prisoners were both there, when Mrs. Mason came to take them up.

Q. Did you hear her say they were the people that rob'd her, or what did she say?

Butler. I was not there then.

William Shepherd . I was at the King's-Arms when the prisoners were there, and Mrs. Mason came to apprehend them.

Q. What are you?

Shepherd. I am hostler there. I saw her look at Sharrat, and heard her say he was not the man, but very much like him.

John Jones . I am a taylor, and live near St. Dunstan's church, Fleet-street. On the 28th of January both the prisoners at the bar came to my house for a coat, betwixt six and seven at night.

John Hall. I am a butcher. I have known Sharp 12 or 14 years; he has a good character, I never heard any harm of him.

Richard Dennis . I have known Sharp 12 years. I have had dealings with him; he always behaved honestly to me, and bears a good character.

Mrs. Weatheril. I have known Sharp about half a year; he lodged with me 17 weeks, and behaved very honestly and justly in my house.

Catherine Leagit . Sharp lodged with me ever since Christmas. I never heard any harm of him.

John Grace . Sharrat work'd for me on the 28th of January last.

Q. What is your business ?

Grace. I am a glazier, and live in Brook's market; he behaved very honestly as far as I ever knew.

Q. How long did he work with you?

Grace. He was with me but two days; I had no more for him to do.

Robert Thomas . I have known Sharrat ever since he wore a frock; I never heard any thing of him but that he was very honest, and was surprised to hear this 'thing.

John Shenton . I have known Sharrat from a child, and never heard any complaint of him before this affair.

George Swinington . I have known Sharrat these last two years.

Q. What is his general character?

Swinington. That he was always very honest and sober.

Johnson Gerrat . I have known Sharrat about 12 years. I have employed him, and always found him very honest.

Richard Perry . I was coming home last Sunday was sev'n-night, about 12 o'clock at night, when I met with the prisoner in Holbourn; we went to a house of ill fame in Distaff-lane , and into a room; she insisted on my going up stairs with her: A woman came up for money for the room, I paid her, she went out, and I lock'd the door, and lay with the prisoner all night. I had put a guinea and 3 shillings in my coat pocket, and in the morning I missed all but one shilling. I challenged her with it, and she denied it. I saw the door was lock'd, and she came down in her shift, let me out at a back door, and I found my way home.

Q. Did you not sleep in the night?

Perry. I believe I did not sleep; I might be betwixt sleeping and waking.

William Chamberlayne . On Wednesday, January 21, about a quarter after six in the evening, I came home, and found many people about my door; I was told a man had stoln a hat from me.

Q. Where do you live?

Chamberlayne. I live on Ludgate-hill , and am a hatter ; a man had hold of the prisoner, so I fetch'd a constable, charged him, and took him before my Lord mayor; and he had nothing to say for himself.

Samuel Nichols . I was coming up Ludgate-hill, and saw the prisoner and two men come out of the Bell-savage yard. I saw him go into Mr. Chamberlayne's shop, take a hat off a nail, and come out. I went and took hold of him, when he drop'd the hat, and one Mr. Anderson brought it to the prosecutor.

William Anderson . I was going by at the time, and saw the prisoner going to cross the channel. Nichols said, Now you have got it, you shall not take it away. The other said, let me alone. The prisoner drop'd a hat, and was going to take it up, but a young man took it up, and gave it to me, and I carried it to the prosecutor's house.

Prisoner's Defence.

I was going by the door, and the gentleman accused me with taking a hat, but I know nothing of it.

John Benson . On the 14th of this month, as I was going by the end of Chancery-Lane the prisoner push'd against me; I thought he had taken something from me. I missed my handkerchief. I called to him, and saw my handkerchief in his left-hand. I push'd him into a pastry-cook's shop; and after that a woman pick'd up my handkerchief, which he had drop'd at the door (produced in court, and deposed to.)

Q. Are you sure that was your handkerchief which you saw in his hand?

Benson. I am as sure as a man can be to a handkerchief.

Q. Was it light?

Benson. It was light enough to see it, and I felt his hand in my pocket. I saw no body so near me as he was. I don't know the woman.

Prisoner's defence.

I was going along by the prosecutor, he catch'd hold of me, and said I had stoln his handkerchief; a boy ran directly from the side of me across the way. A woman pick'd up a handkerchief, and said don't accuse the man, I believe he is innocent, for I saw a boy run across the way.

To his character.

Mrs. Nichols. I have known the prisoner two years and a half. I never heard any ill character of him. I have lent him a guinea at a time, and he always paid me very honestly.

Walter Buckland . I have known him five or six years; I have pass'd my word for beer for him; he always paid me very justly and honestly.

Richard Robinson . I knew the prisoner when he kept a publick-house. I have borrowed money, and honestly paid him again. I always took him to be an honest man.

Charles Mead . On the 16th of January, between five and six o'clock, going by St. Dunstan's church , I thought I felt somebody put a hand in my pocket. I felt, and missed my handkerchief; I turned about and saw it in the prisoner's hand; he threw it away; a gentleman took it up, and said here is your handkerchief. I took the prisoner before the justice, but he denied his having taken it.

Prisoner's defence.

The gentleman charged me with stealing his handkerchief. I told him I never saw or touch'd it.

For the prisoner.

Charles Cox . I keep the Bell Alehouse in Popin's-Alley. I have known the prisoner two years, he used my house every day; he always bore a good character.

Matthew Lord . I have known him between three and four years. I never heard any thing ill of him. He served his time next door to me.

John Rayner . The prisoner served me about a year and a half. He bore a good character when he was with me.

Q. How long has he left you ?

Rayner. About a year and a quarter.

Q Where has he work'd latterly ?

Rayner. He work'd for Mr. Rosliter, in Pudding-Lane; and a little time with Mr. Cooper and Mr. Hall. I would employ him again were he clear'd.

Grace Gawson . I am wife to John; I live in Shoreditch . The prisoner was my servant ; these things were taken away at divers times. I suspected her, and went to enquire at the pawnbroker's, and found all the goods mentioned in the indictment, with her name upon them. Then I took her up, and she acknowledged them to be my property.

Q. Where were these goods before you missed them ?

G. Gawson. She took the sheets off her own bed, and the handkerchiefs out of my drawer; and she own'd the same. The two-pawnbrokers that had the goods, and the constable that now has them, are not here; I have sent a person after the constable, and he can't be found.

John Midleton . I am father in law to Sarah Campbell . She is a child . I keep a publick house near Wapping New-stairs. On the 1st of January she went out in the afternoon to school; I saw her at dinner, and go out to go to school between two and three in the afternoon. She then had on a capuchin, cotton skirt, a pair of stays, and a pair of gold ear-rings; and she was brought home about eight at night with only her shift, petticoat, jacket, shoes and stockings on.

Q. Did you ever find any of these things again?

Midleton. No, I never did. The prisoner was taken up, and charged with stripping the child; she utterly denied it.

John Winter . I saw the prisoner with the child, Sarah Campbell , in her hand, about the second Wednesday in January, between four and five o'clock.

Q. to Midleton. Where does your child go to school?

Midleton. She goes to school in Edward-Street.

Q. How far is that from your house?

Midleton. It is not a quarter of a mile.

Q. Do you send her without a servant with her?

Midleton. I do.

Q. to Winter. Where did you see her?

Winter. I saw her at the Royal-Oak, near Newmarket-Street, Wapping, just by Edward-Street.

Q. How far is that from Mr. Midleton's house?

Winter. About a quarter of a mile.

Q. Is it in the child's way home?

Winter. It is. The prisoner at the bar brought the child in, and call'd for a pint of beer, and then drank to me; I thought she had been some lady's servant in the neighbourhood.

Q. Did you know the child before?

Winter. I had seen the child before many times, but did not know who were its parents. The prisoner went out with the child, and I saw no more of her.

Q. How long did she stay there?

Winter. She staid a few minutes.

Q. Which way did she go with the child?

Winter. I did not see which way she went.

Q. How was the child dress'd?

Winter. She had a black silk capuchin on.

John Clew . I saw the prisoner at the bar at the Royal-Oak that night, with the child in her hand. She drank to me also.

Q. How was the child dressed?

Clew. I did not take much notice of that; I believe she had a capuchin on. The next day we went to the child's mother's house; the child said we were in the house when the woman and she were there; the mother desired we would try to find her out.

Q. Did you observe which way the woman and child went?

Clew. No, I did not.

Thomas Bucknell . I can't swear to the prisoner, I know the child very well. A woman came into the Royal-Oak with the child. We were all in company. She drank to Mr. Winter. When we were coming away she and the child turn'd down a little passage, just by the Cat and Bagpipes.

Q. Is that the way to go to Mr. Midleton's house?

Bucknell. No, it is not. It is a thorough-fare, but to where I can't tell.

Prisoner's defence.

I never saw the child in my life before I saw her before the justice.

Acquitted .

She was a second time indicted for stealing one gold necklace with a locket set in silver, value 5 s. and one pair of gold wires , the goods of Sarah Markby , spinster , Feb. 11 . +

Sarah Markby . I live at Wapping, just by King-Edward's stairs. On Wednesday the 11th of February, I sent my child, Sarah Markby , into Falmouth-Street of an errand, between ten and eleven, alone.

Q. What had she about her neck?

S. Markby. She had a pair of gold beads, and a cypher locket set in silver; and a pair of gold wires in her ears. Between twelve and one came a gentlewoman and ask'd me if I had lost one of my children. I said I have sent one of an errand. She said she is in Whitechapel , and has been strip'd. I then sent for my husband, he is a waterman, and then went to see if I could meet with my child; but while I was gone she was brought home by the beadle of Whitechapel. She was much frighted, and said a woman had carry'd her to an alehouse in Stepney, and gave her a bun, and then took her ear-rings and necklace.

Q. Did you ever find them again?

S. Markby. No, I never did.

Q. How came you to take up the prisoner?

S. Markby. I went to Mr. Harding's, at Stepney, the house where the child said she had been, and described the woman, as the child had done to me; then the maid said she knew her, and gave me intelligence of her; so I took her up.

Q. How far is Stepney from your house?

S. Markby. It is better than a mile from it.

Ann Vesper . I live at Mr. Harding's, at Spring-Gardens, Stepney. This child (pointing to it) came last Wednesday was fortnight to our house, along with the prisoner at the bar. The prisoner ask'd me if I had any new buns, and said, Sally will you have one? the child said yes. She had her gold necklace on, and her wires in her ears then.

Q. What time of the day was this ?

A. Vesper. This was about eleven o'clock. Then she said, come, now we'll go and have a pint of ale; then she had a pint of two-penny; after which she went out at our gate, that goes towards the church-yard.

Q. Did you know the prisoner before?

A. Vesper. I had seen her several times at our house.

Acquitted .

She was a third time indicted for stealing one cloth cloak, value 5 s. the property of Esther Craggs , May 1 . +

Susannah Craggs . I sent my child on the 1st of May (her name is Esther Craggs ) to the cooper's.

Q. Where does he live?

S. Craggs. He lives in Ratcliff-Highway.

Q. Where do you live?

S. Craggs. I live in Falmouth-Street, Shadwell.

Q. How old is your child?

S. Craggs. She is ten years of age.

Q. What had she on when she went out ?

S. Craggs. She had a jacket, petticoat, and a scarlet cloth cloak on.

Q. What time of the day did she go from you?

S. Craggs. About seven at night; but I did not see her till between nine and ten, when the neighbours brought her home. She then had not the cloak.

Q. Did you ever find it afterwards ?

S. Craggs. I found the prisoner at the bar, and she own'd she had the cloak, but had pawn'd it.

Q. Where did you find her?

S. Craggs. In Norton-Falgate, where she lived. I went there by five o'clock in the morning and found her mother; I then ask'd for the prisoner, but she told me her daughter was not at home. I look'd about and saw her lying on the floor, and by the description my child had given me, there lay her hat and cloaths by her. I said young woman get up, and let me have the cloak you took from my child such a day, or I'll charge an officer with you. She got up, and told me my child gave it her, and she had pawn'd it. Her mother said, Madam, if you will not make a disturbance, you shall have the cloak. I insisted the prisoner should go with me to the pawnbroker's. She went with me to a pawnbroker in Bell-Yard, Whitechapel. She there told the pawnbroker's wife she brought it herself on Saturday morning, the cloak was produced there, and this is it ( holding one in her hand.)

John Clawson . I am a pawnbroker. I live at the place the prosecutrix mention'd. I can't say I ever saw the cloak before last night; nor I don't know that I ever saw the prisoner before; but I am not always in the shop.

Joseph Barnardiston. This youth at the bar was servant to me, to run of errands.

Q. How old is he?

Barnardiston. He is not thirteen years of age.

Q. What is your business?

Barnardiston. I am a stationer . On Saturday was se'nnight I left thirty guineas with my head man Samuel Hows , as running cash. On the Monday following, between eight and nine o'clock, he came into the parlour to me, in a great surprise, and said his cash was gone out of the till; it gave me a good deal of surprise; the boy was missing. He was taken, and the next day in the afternoon James Lightholder came to my house and said he came from Hampstead, and ask'd if this was Mr. Barnardiston's; I said it was; he said I have got your boy and your money, with a horse and saddle for you. There was an apothecary with him. They brought me twenty-eight guineas and a moidore. The apothecary said he was coming by when the boy was taken, and being willing to save my cash, he came; but he is not here now, as I did not think there would be any occasion for him. We took the prisoner to justice Welch, and he committed him.

James Lightholder . I live at Hampstead. Last Monday was sev'n-night in the evening, the boy at the bar came to my house, and asked for a lodging; he lay there; the next morning he went away, and returned again about one o'clock with a little grey mare, and a bridle but no saddle; he said it was his master's mare, that he had sent him out for an airing for an hour or two, and had order'd him to buy a saddle; which gave me a suspicion things were not right. I sent for a saddler in Hampstead, who brought a saddle, which the boy bought and paid for. I told the saddler afterwards, I did not think the boy was honest. He said he had cross questioned him, and thought there was nothing amiss. I told him, he says his master lives in Chancery-lane, I'll take my horse and ride thither; so we both set out together, that is, the boy and I. When we were come out of Hampstead, he (having the best horse) rode off; but there being a great many people on the road, they stop'd him, and he fell from his horse. There was a gentleman comeing by with a child in his hand, to whom I told my suspicion. We searched the boy, and I counted as I thought 27 guineas and a moidore (which I took from the boy) into the gentleman's hand, but when I came to tell it afterwards, there were 28 guineas and a moidore. The gentleman and I brought him to his master's house. We talk'd to him as we went along, but he would own nothing till he got to his master's, and there he confessed he had taken it out of his master's till.

Prisoner. I am but twelve years and four months old.

Barnardiston. It has given me a great deal of pain to prosecute him. I hope his tender years will meet with compassion.

Samuel Hows . I am servant to Mr. Barnardiston, and am intrusted with the cash. On Saturday was sev'n-night my master gave me 30 guineas, to put amongst the rest of the cash. The next morning I went to the till, and found the bag and money gone. I had it in my hand but about a quarter of an hour before, to put some more gold into the bag.

Susannah Newman . I live in Christ-church parish . I catch'd the prisoner at the bar as she was coming down the stairs from my room, with the gown in her hand.

Q. Did you know the prisoner before?

S. Newman. I never saw her before as I know of. I asked her what she did there. She said there was nobody above stairs. I took hold of her, she struggled with me, and threw the gown down stairs. My eye was not off it, till a gentlewoman below, whose name is Jane Durant , took it up ( produced in Court, and deposed to.)

Q. Where was the gown before?

S. Newman. It was hanging on a peg in my room, up three pair of stairs.

Q. Was the room door lock'd or open?

S. Newman. I can't be positive whether it was lock'd or not, but the key was in the door.

Jane Durant . I live in the one pair of stairs room in the same house. Sarah Newman call'd out for assistance. I open'd my door, and she had hold of the prisoner; I then saw the gown tumbling down stairs, and took it up.

Prisoner's Defence.

I never saw the gown. I was going up after one Ward a taylor, who had a waistcoat to mend for my husband.

To her character.

Benjamin Beale . The prisoner at the bar is a chairwoman. I have known her about twelve years.

Q. What is her general character?

Beale. I never heard she had a bad one.

John Booth . I have known her seven or eight years; she bore a very good character. I have seen her about in her business, and always thought her an honest woman.

James Cobb . I live in Brick-lane, Spitalfields . On the 17th of January last I had occasion for some things that were deposited in an inward room. I went to my wife, who was ill in bed, and asked her for the key, but she refused it me. I then went down stairs, and said to my servant, I wonder'd her mistress refused me the key, desiring her to go up and tell her, that unless she would let me have the key I should break the door open. Presently after she return'd with the key, with this message to me, that my wife desired I would master up all my patience I could, for I should find it exercised. I asked her why, and she told me, when I went into the room I should soon see the plate was taken away. I sent the maid back again, to demand the key of the glass-case, that I might open it, and see whether the plate was gone. She came down with it, I went and open'd it, and found the plate was taken away, a large quantity.

Q. Are you a silversmith?

Cobb. No, I am a surgeon . I went to my wife, and asked her what she had done with the plate. She told me she had pawn'd it. I asked her upon what occasion, and she said it was to supply the prisoner at the bar with money.

Q What was the prisoner?

Cobb. He was my apprentice , and is so now. The prisoner had been absent about ten days, when he return'd about twelve at night.

Q. Had he been absent about your business that time ?

Cobb. No, but he absented himself very often from my business. He knock'd at the door, and my servant open'd it. He had fight of me, which caused him to retreat a little, saying he would return again. I stept to the door, and bid him come in. He did so, and went to go up stairs to bed. I went into my wife's chamber, to prepare something for her. He was coming down again. I told him he could not lie in the chamber he used to lie in, because I must lie there myself, and said I had something further to say to him, asking him what he had done with my tankard and plate. He said he would restore the tankard to me again, but the rest he had not, believing his mistress had pawn'd it. I desired him to go down with me to his mistress's chamber, and speak before her, which he did. I then charged him with having the money the plate was pawn'd for, and he did not deny it, but said he was to sell some houses at Bromley in Kent, and then he would redeem all the plate, and restore it to me. I told him I could not rely upon his promise, and asked him what security I should have in the mean time.

Q. Is he of age?

Cobb. He is 23 years of age. Accordingly he gave me a note for 63 guineas. I then desired him to take care to do as he had said, and all might be well. He said he would. I ask'd him who was to dispose of these houses. He said one Mr. Langford, under the piazza's in Covent-Garden, and that there was to be a week's notice in the Advertiser, and were to be put up at Bromley; but this I found to be all a fiction. He continued with me till the Tuesday following, being Jan. 20. I call'd upon the pawnbroker where my wife said the plate was, and saw some of it. I return'd, and had occasion to go into the yard; when the prisoner took the opportunity to go off again. Then I went up into my wife's chamber, and told her I had seen the plate at the pawnbroker's, but there wa s not all, and ask'd her where the rest was; she said she believed Natt. had taken away the tankard. I asked her where were the castors; she said she believed he had taken them without her knowledge, if they were not there. I heard no more of the prisoner till the 4th of February, when I had an order from justice Fielding to come to him. I went there, and there was the prisoner taken up on suspicion of robing on the highway, at Turnham-Green, with a brace of pistols upon him; the prisoner then acknowledged he had the tankard and castors, and pawn'd them with one Mr. Fryer, in Wych-Street; upon which the justice sent for him. He came, and brought the tankard and castors; and he and I were bound over to prosecute.

Q. Does not the note for 63 guineas include the tankard and castors?

Cobb. No, my Lord. I knew nothing of the castors when I took the note; neither do I remember that the value of the tankard was included in the note; there was plate to the amount of fourscore pounds missing.

Q. What were the contents of the note ?

Cobb. It was a promissory note to pay me 63 guineas, for value received, in so many days.

Q. In what manner did he acknowledge he had taken the tankard and castors?

Cobb. He said it was by my wife's consent he took the tankard, the castors he did not mention.

The Second Part of these Proccedings will be published in a few Days.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery FOR THE CITY of LONDON, And also the Goal Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 25th, Thursday the 26th, Friday the 27th, and Saturday the 28th of FEBRUARY,

In the Twenty-ninth Year of His MAJESTY'S Reign. NUMBER III. PART II. for the YEAR 1756. Being the Third SESSIONS in the MAYORALTY of The Right Honble SLINGSBY BETHELL, Esq; LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed, and sold by J. ROBINSON, at the Golden-Lion, in Ludgate-Street. 1756.

[Price Four-pence. ]

THE PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of LONDON, &c.

Q. HOW came the sum to be fixed at 63 guineas?

Cobb. Because I did not apprehend all the plate to be gone. He told me he would give me a note for a hundred pounds if I pleas'd, but I fix'd it under the value.

Q. Did it appear that he had received any particular sum?

Cobb. The sum was not particular.

Q. Did you take the sum of 63 guineas to be pretty near equivalent to your loss in plate?

Cobb. No, my lord, I lost a great deal more; I would not touch the life of the delinquent, but he has wrong'd me in the tenderest point I can mention.

Q. Has he paid the note since?

Cobb. No, he has not.

Q. Have you got the plate again?

Cobb. No, I have not.

Q. How much is the plate pawned for?

Cobb. I don't know how much.

Q. Have you found out where the rest of the plate is?

Cobb. I have; my wife said she carried it, and he receiv'd the money, and he own'd he received it of her; she died the 29th of January last.

Q. Is he related to you?

Cobb. He is not.

John Fryer . I live in Wych street, am a pawnbroker. (He produced a tankard and three castors, all silver.) On Wednesday the 30th of December last, the prisoners brought these three castors to pawn, I lent him two guineas and a half upon them; on Thursday the 8th of January he brought the tankard, upon which I lent him 7 guineas.

Q. Did you know the prisoner before?

Fryer. I have known him 3 years, he has brought plate before, and a watch.

Q. Did you know he was an apprentice?

Fryer. No, I did not: He appeared as a gentleman.

Q. Did you know where he lived?

Fryer. No, I did not; I know his father kept the Crown, at Seven-oaks in Kent; I believe he has brought a watch forty times to me, and taken it out again.

Q. to Mr. Cobb. Look at the tankard and castors, do you know them?

Cobb. It is marked with my name, it is my property; the castors are mark'd the same, they are mine also.

Q. to Fryer. In whose name did the prisoner pawn them?

Fryer. In his own name.

Q. to the prosecutor. Where is the rest of the plate pawn'd?

Cobb. They are pawned in Wheeler-street; there was a gold laced hat, my property, pawn'd in the prisoner's name, but that is not here. I have lost above 500 l. by the prisoner at the bar.

As the prosecutor's wife had the keeping the key of the room where the plate used to be, the prisoner could not take it without her privity or consent.

141. (M.) John Wetherall was indicted for that he, on the king's highway, on Sarah wife to Simon Johnson , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person 7 silk handkerchiefs, value 1 l. 2 cotton handkerchiefs, value 2 s. and 2 s. in money number'd , the money of the said Simon, Feb. 2 . ||

Sarah Johnson . On the ninth of this month I was coming three miles on this side Uxbridge , the prisoner met me and ask'd me what I had got to sell? I said handkerchiefs; then he knock'd me down in the highway with the end of a whip, and rob'd me of all my handkerchiefs, and took three shillings from my pocket-apron; I fought for them as long as I could; I follow'd him back again to Uxbridge, he was not taken till ten days ago; (she produced the handkerchiefs) his mother and relations brought these to me afterwards.

Q. Did you hear him say any thing about it?

S. Johnson. He owned to 4 handkerchiefs and 3 shillings, and said another man had the other 5 handkerchiefs.

Q. Was there another man along with him when he rob'd you?

S. Johnson. Yes there was.

Simon Johnson . I am husband to the witness; on the 9th of this instant I and my wife came through Uxbridge; I said to her at 4 o'clock, we have 4 miles to go in one hour, put up your goods; I had a hundred and 16 guineas in my pocket, I went on in the road, I could not stay; I met the prisoner and another man, they asked what I had in my bag ? I went by them, there came by a quaker, I stopt and saw them stop my wife, I thought they had been buying goods till I heard her make a noise; there came a soldier by, I said to him I'll give you 6 d. if you will bid my wife make haste after me; he said he would; he went on, and I on my way; my wife did not come to me that night, the next morning I went to Uxbridge and at the Sun I heard of her, but did not find the prisoner; this day 8 weeks I went there again and heard the prisoner was inlisted for a soldier, I took him up there. I charged him with robbing my wife; he said I beg my life, I will give you your goods back again if you'll forgive me; he owned he and another rob'd her, but said he had but 4 of the handkerchiefs, I told him I would forgive him, I thought him more a fool than a rogue; he confessed the same before the justice.

Thomas Carter . Last Thursday Mr. Johnson came into my quarters and asked me if I knew one John Wetherall . I went out and saw him stand. I asked him if his name was John Wetherall ? he said yes; I said here is one wants to speak to you. I took him to Johnson, who charged him with the fact; he denied it, but upon the woman's coming in he owned he had four handkerchiefs and said the other man had the others. He said he was concerned with the other man in it.

Q. Was there any promise made him before he confessed ?

Carter. He promised he'd be favourable, both before and after, if he got his goods again.

Prisoner's defence.

Thomas Brent stopt the woman and bought a handkerchief of her for 2 s. 9 d. I heard them make the bargain; after that I came over into the road, he gave the woman 3 s. in her hand, she said she had no change, but we'll go over into the field and have it out; they went over into the field and the handkerchiefs were all pulled about, and he took 7 of them.

John Wetherall. The prisoner is my son; the prosecutor took ten shillings of Thomas Brent 's sister aad the handkerchiefs again; that Brent is the waggoner; there were four handkerchiefs, three of which my son had and I returned, and spent a shilling; and he said, upon the word of a man, he'd bring no indictment against him.

Q. Was all this said before the woman?

Wetherall. It was; and I told her my son said she went with Brent into the field, and in what manner the handkerchiefs were taken.

Q. to Simon Johnson . Is it true that you took ten shillings of Brent's sister and the handkerchiefs ?

Johnson. I did not take a halfpenny of any one; a woman and the prisoner's mother brought me my handkerchiefs. This man came into the alehouse, I believe he did spend some money, but I never heard-before now, that my wife had gone into the field with a man; I did promise, if I knew how to save my bond I would not prosecute; I am sure, for I saw her, she did not go into the field with any body.

Q. to Eliz. Johnson. Was you out of the highway with any body that evening when you missed the handkerchiefs?

John Emmerton . I am a porter at Billinsgate ; the prisoner came to live servant with me on the 22d of January last; and on the 23d she took away the things mention'd in the indictment. On the Sunday after I took her near Old-Street, with the apron upon her. She said if I would not prosecute her, she would tell me where the other things were; as I was bringing her along she drew a long clasp knife at me (producing it) and swore she would go no farther. I held her fast, and brought her home; then she said she had ty'd the cloak under her petticoat, and if I would not prosecute her, she would let me have it; and that the other things were pawned in Bishopsgate-Street; but we had none of the things again but the apron.

Elizabeth Emmerton . I am wife to the prosecutor. On the 22d of January the prisoner came to live with me; and on the 23d she rob'd me of the things mention'd.

Q. How do you know it was she that took them?

E. Emmerton. When she was there, they all were there; but when she was gone, they were gone. I had the cloak in my hand about a quarter of an Hour before she went away. I saw her go out, but did not suspect her.

Q. What did she go out about?

E. Emmerton. She went out to sell some sprats; but did not return till my husband brought her. As my husband was going out to get some people to be witness to what she said, then she said she would not speak before any body, and snap'd her fingers at him, and said if she was to go out of the nation, she would go with the cloak about her shoulders. I ask'd her where she had pawn'd the other things? she said in Bishopsgate-street; I ask'd her where? she said she supposed I would charge a constable with her; and so she would not let me know where they were pawn'd. She gave me my apron, and said it is your apron, take it.

Q. from prisoner. Did not you lend me the apron to go out with, as mine was very dirty?

E. Emmerton. Upon my oath she never ask'd me to lend it her; if she had ask'd me, I should have lent it her, either that or the cloak; but I did not lend her any of the things.

Prisoner's defence.

I was at Billinsgate; they came to me, and ask'd me if I would come and live with them for a bit of victuals and drink; or whether they should let me have a little money to go to work with; he let me have a little money; then I bought some sprats, and went out with them, but did not come home that night; he came to me and swore that I had rob'd him of those things. I put the apron round my shoulders to keep the rain off; he said if you have not taken the things, you shall come and live with me again. When he was going along he put his hand to my throat and beat me sadly, and after he had hauled me about, he carried me before the justice.

Guilty .

[Transportation. See summary.]

143. (M.) Philip Crevis was indicted for stealing one pound weight and a quarter of thread, value 3 s. and one pound weight of indico, value 8 s. the goods of Jonathan Tilbury , in the warehouse of the said Jonathan, Feb. 9 . ||

Jonathan Tilbury . I am a dyer , and live in Old-Street ; the prisoner is my apprentice . I have had great complaints amongst my customers, that they missed thread, and charged it to my account. The prisoner used to lay out of nights; I used to talk to him for it, and ask'd him where he got money to support himself in such practices; he told me he did not need much money, for he kept gentlemen company, and they treated him. I twice found my indico chest staple drawn out; I put it in again, thinking it might be shook out, and clinch'd it on the inside. Some time after that I found it out again, and I put it in again. On Saturday was fortnight he had hired a horse to go down into the country; he went out of town; and while he was gone I searched my warehouse, to see if I could find any thing; in searching about, I found an old waistcoat of the prisoner's; in the pocket were a couple of keys. I tried my indico and soap chests, and they sitted and opened them both. Then I put them into his pocket again; he did not come home till the next morning. Then I sent for a constable, and charged him with the prisoner; then the prisoner said what do you charge him with me for? I told him, because I believed him to be a thief. I ordered him to go backwards into my warehouse, and demanded him to open a cupboard that he had made himself there. He tried, but being in a flutter, could not open it; then I order'd it to be broke open; whence he took out the thread and indico mentioned in the indictment himself. I ask'd him how he came by that indico, he said he had it not from the chest, but he took it out of the indico bowl, which I grind it in, after I have done with it; but that was impossible, for had he took it out of the bowl after I had ground it, it would have been like slaked time; but this is hard, and the same as is in the chest. I took him before the justice; and in going along he confessed he had stole twenty pounds weight of thread, and sold it for five shillings; and three pounds of thread, which he had sold for three shillings.

Cross examination.

Q. Had not the prisoner an estate left him?

Tilbury. There was a house left him at Hampstead, after his uncle's decease, if he dies without issue; he has no right to it now; his great uncle left it so.

Q. Does he receive no profit of it now?

Tilbury. No, none, as I know of.

Q. Have you been apply'd to by any body to prosecute him?

Tilbury. No, I have not.

Q. Are you sure that indico you found in the cupboard was your indico?

Tilbury. I know it was of the same sort of mine in the chest. I should think it could belong to no person else but me.

Joseph Hest . I am the officer (He produced the thread and indico) The prosecutor charged me with the prisoner, and delivered these things to me.

Q. Did you see the cupboard broke open?

Hest. I did; and saw the thread and indico taken out of a box that was in the cupboard.

Q. Did the prisoner say which way he came by them?

Hest. No, he did not.

Q. to the prosecutor. Look at this thread and indico?

Tilbury. (He takes the thread in his hand; it was small parcels of divers colours). Here are divers of my customers thread that I missed; in this quantity here are different colours, some fine, some coarse; as to the indico it is of the same sort of mine; but I can't undertake to swear to a single pound of indico, tho' I can't conceive it could be the property of any one else; and he being my apprentice, had no business with any, either his own, or any body's else.

John Tilbury . I am son to the prosecutor. I was present when my father charged the constable with the prisoner. My father desired him to deliver up the keys; he deliver'd up two; my father said he had more; he said he had no more. My father then said he knew he had two keys that would open his soap and indico chests. When the cupboard door was broke, there was a box in it, in which we found the indico and thread. He was ask'd where he had the indico; he said he took it out of the bowl in which we grind it. As to the thread, he said he had taken it from the customers parcels, and said it was the customers thread. I go pretty much amongst the customers, and we had frequent complaints of their missing thread.

Cross examination.

Q. Has no body apply'd to you to prosecute this man?

J. Tilbury. No, no body at all. My father was bound over before the justice.

Benjamin Morris . I heard the prisoner confess he had taken soap out of the chest.

Cour t. There is no soap laid in the indictment.

Morris. I heard him own the thread and indico to be his master's property; and said he hoped his master would excuse him, and he'd do so no more.

Cross examination.

Q. Were there any promises made him when he confessed this?

Morris. No, there were not.

Prisoner's defence.

That thread and that indico. I picked up at different times about the warehouse; and put them in that place for security, with intent to give them to my master.

To his character.

Thomas Trevis . I have known the prisoner ever since he was a little boy. I never knew any ill of him.

Q. How long has he been apprentice to the prosecutor?

Trevis. He has been apprentice about three years and a half.

Q. Are you any way related to him?

Trevis. I am his uncle; when I die, there is a house, if I have no issue, that will be his. I find him cloaths, and what is necessary in his apprenticeship.

Mr. Armstrong. I have known the prisoner from a child. I never knew any harm by him in my life.

Samuel Stevens . I have known him between two and three years.

Q. What is his general character?

Stevens. I never knew any thing amiss of his character before this. I always look'd upon him to be an industrious and sober young man.

John Jenkins . I am an iron-monger and founder . The goods found upon the prisoner are my property. My servant can give a farther account.

William Hopkins . I am servant to Mr. Jenkins. The prisoner came into our shop on the 14th of this instant, under pretence of wanting business. I told him my master was gone to dinner, and if he would call again in about two hours time, he might talk to him. I went up stairs. The prisoner went out, and came back again, and wrote directions to know where to come. Then I went up to dinner. Then he came back again and told the errand boy he wanted to speak with me; as the boy was coming to me, he ran out, and the boy after him; the boy soon return'd, and said the prisoner had struck him. I ran out, and in Warwick-Lane stop'd the prisoner with the goods under his arm. I challenged them; then he said if these are your goods, take them; which I did (produced in court, and deposed to by the prosecutor.)

Prisoner's defence.

I know nothing concerning the affair, I was very much in liquor; and know no more that I took any thing away than he that is unborn.

Q. to Hopkins. Was the prisoner in liquor ?

Hopkins. He was a little in liquor, but not so much but he knew what he did.

Guilty 10 d.

[Transportation. See summary.]

145. (L.) James Lockhurst was indicted for that he on the 9th of February , about the hour of twelve in the night of the same day, the dwelling-house of Richard Walter , did break and enter, with intention the goods of the said Richard to steal, and one woman's shoe, value 2 s. did steal, take, and carry away . ||

Richard Walter . I live in the Minories , and am a shoemaker . On Monday the 9th of this instant February, about eight in the evening I heard a cracking of my window. I look'd out, and saw the boy at the bar standing at the corner of my window, pulling a woman's shoe out at a hole just broke; he seeing me, ran away, and squatted down at a haberdasher's near me. I ran and took him, and brought him to my own house; there was another boy with him, whom the prisoner said broke the window, and he was pulling the shoe out.

Q. Did you see him pulling it out ?

Walter. I know the prisoner was pulling it out, but he could not take it away, it being a highheel'd shoe, and the hole not quite big enough in the window.

Daniel Jennings . I live in Turn-again-Lane , and am a victualler . The prisoner came into my house on the 20th of January, about six in the evening; I was asleep; but happening to awake, I ask'd her what she wanted. She said nothing at all; then I said you are soon served and went to dose again. She open'd a door and took a pewter dish off the sink, and went out; the girl stop'd her and call'd out master, master. I jump'd up, and ran out; she was got out of the house and the girl kept fast hold of her. I ran and took the dish from under the prisoner's left-arm. She said it was the first time she had been guilty of such a fact.

Q. Where is the dish?

Jennings. That is at home.

Q. What did the prisoner say for herself?

Jennings. She did not know that she had it. The servant confirm'd the prosecutor's account.

Prisoner's defence.

I was in liquor and did not know I had taken any thing away.

Acquitted .

147, 148, 149. (L.) Robert Boot , John Condict and Edward Shodd , were indicted for that they, together with another person unknown, did steal one silk handkerchief, value 2 s. the property of Levy Eeles , and 12 other handkerchiefs, value 5 s. the goods of persons unknown, Jan. 18 . +

Levy Eeles . On the 18th of Jan. as I was going through Aldgate about 6 o'clock at night, I had my hand in my pocket, and my handkerchief in my hand; I had occasion to blow my nose, I took my handkerchief out, and crossing the way by the corner of the Minories , after I had put my handkerchief in my pocket, I said to my friend that was along with me, I have not seen you a great while, let's go drink together; then I had occasion to use my handkerchief again, having a cold. I felt in my pocket and missed it, and said I had lost my handkerchief; we were in a publick house then; there came in a gentleman who heard what I said, and said, where did you lose it? I said betwixt here and Aldgate; said he, I just came by there, our neighbours can hardly stir out of an evening without having their pockets picked; there are four of them stand at the end of the school at Houndsditch. I borrowed a great coat to disguise me, and I and my friend went out to see if we could take them. I went first, I saw a Dutchman in liquor and a woman following him; the two prisoners Condict and Shodd followed the man and woman close, when I came through the gate I lost them in a moment, I saw them shoot through and cross over the way, and were standing under the gate where the horses and coaches go, then I went back and saw a coach coming through the gate, after which I saw 4 of the boys; then my friend and I went and took the 3 prisoners at the bar under the school, where I saw them at first; I took 7 handkerchiefs from Boot, and while my friend was gone for a constable, I search'd the other two, they stood shuffling together, I took hold of one and pull'd him from the other, I saw a parcel of handkerchiefs lying on the ground under them; I said, bring a bag, here is a bag full more; we took them up, there were 5 of them and one glove (this was in the watch house) when the constable came to strip them out drop'd the other glove.

Q. Did you find your own handkerchief ?

Eeles, No, I did not.

Q. Do you know who the other handkerchiefs belong to?

Eeles. No, I do not; they are all here in court.

Q. What did they say for themselves ?

Eeles. Boot called the other whom we did not take Bogey, and said Bogey had bought them.

Henry Mottle . I was along with the other evidence at the crown and Magpie at Aldgate, he had lost his handkerchief and desired me to go along with him to Aldgate to see if we could take the persons that took it; we went, I took Boot, and as soon as I got him to the watch-house I took 7 handkerchiefs from between his coat and waistcoat; I went and fetched a constable, and when I came back again Mr. Eeles said there were five more and a glove on the ground, which he shew'd me, and in searching them I saw another glove fall.

Q. Do you know whom those handkerchiefs belong to ?

Mottle. No, I do not; I heard there were several people lost their handkerchiefs that night.

Boot's defence.

I met a lad, who asked me if I would hold some handkerchiefs for him, and said he would give me a penny or 2 pence; he said he was going to buy some more; and after that a gentleman came and laid hold on me, I said I was waiting for a lad; and because I cried these two lads came to me and they laid hold on them.

Shodd's defence.

I was going along and saw this lad, I cross'd the way to speak to him, he was laying his head against the side of a door; I never saw him or the other boy in my life before, I know nothing of the handkerchiefs.

Augus Duthie. I am a Taylor and live in Whitehorse-yard by Drury-lane ; I keep a small shop to sell trimmings to taylors; I lost a great coat on the 14th of Nov. last.

Q. Where was it taken from?

Duthie. It was hanging on the door of the shop.

Q. Do you sell coats?

Duthie. No, I do not.

Q. Did you miss it immediately?

Duthie. No, I did not; this was on the Saturday, I did not miss it till the Sunday morning; I enquired among the pawnbrokers on the Wednesday following, and at a new pawnbroker's in Russel-court I found it; they told me they had taken it in on the Saturday night on which I lost it.

Q. What is the pawnbroker's name?

Duthie. His name is Rotchford, ( produced in court ) this is a coat I made for my own wear, the pawnbroker told me the prisoner pawned it. I went in search of him and found him in the street, I had a warrant and so I took him up.

Q. When did you take him up?

Duthie. This was on the Friday after I had lost my coat; I took him to justice Fielding who committed him.

Q. What did he say before the justice?

Duthie. Before the justice he said he bought the coat, but I forgot the person's name he said he bought it of.

William Wakefield . I am servant to Mr. Walter Rotchford a pawnbroker (he takes the coat in his hand) the prisoner at the bar brought this coat to me on Friday night the 14th of November, and said he was just come out of a fit of illness, he had bought it to keep himself warm and he wanted some money on it.

Prisoner's defence.

He is mistaken, it was on Saturday night that I pawned it, and that Saturday night I had two shirts a making in Drury-lane, I went to give my seamstress a pot of beer, there came in two men and called for a pint of beer, one of them had the coat on his arm, they whispered together, then one said to the other, you bought it dear enough, I wish you may make your money of it again. I asked them what they would have for the coat, they said 20 s. I said I could not spare so much money; if you'll sell it I'll give you 16 s. for it; he let me have it for that, then they came to the box where I was drinking. I had not so much money about me, so I laid down 8 s. and my two new shirts, and left the woman that made them with them till I went and pawned it to get the rest of the money, which I did, and returned and paid the other 8 s.

For the prisoner.

Eliz. Jackson. The prisoner lives in Drury lane.

Q. What is his business ?

E. Jackson. He is a carpenter by trade.

Q. What are you?

E. Jackson. I work very hard for my bread at washing and with my needle; I was present when the prisoner bought the coat.

Q. When was it?

E. Jackson. To the best of my knowledge it was in the middle of November. I had made two new shirts for him, and he came to my lodging and asked me to drink a pint of beer, when two men came in who buy old cloaths, as I took it they came to have a pint of beer.

Q. What publick house was it?

E. Jackson. It was the Elephant and Castle, one said to the other he had bought a bargain since they parted; the other looked at the bargain, the prisoner asked the man that bought it whether he was for selling it or no?

Q. What colour was the coat?

E. Jackson. It was a light colour'd coat.

Q. What sort of a coat?

E. Jackson. A horseman's coat, a big coat.

Q. Are you certain as to the colour?

E. Jackson. It was a light drab I know, the man answered the prisoner and said he bought it to sell; he asked him what he would have for it? he said he would have 20 s. the prisoner would give no such money, he tried the coat on, he proposed to give 16 s. for it, they agreed for that, then the prisoner laid down 8 s. having no more, and said to the old-cloaths-man he would leave me and the two shirts I had made him whilst he went and pawned the coat for the money; he went out and left me there, he came in again in 5 minutes and paid him the other 8 s. and they drank two tankards of beer and parted.

Q. Do you remember what day this was ?

E. Jackson. I am not exact to the day of the month, it was about the middle of November, on a Saturday night.

Q. Should you know the coat again was you to see it?

E. Jackson. It was a light drab, indeed it was.

Q. Look at this coat. It was held up and was a very dark colour.

E. Jackson. I can't swear it was that.

Q. Do you call this a light drab?

E. Jackson. (She hesitated some time,) at last said I do.

Q. Was any body by when it was bought besides you?

E. Jackson. There were.

Q. to Wakefield. Do you set down the day of the month when you take in things to pawn?

Wakefield. Yes, we do.

Q. Did you look in your book before you came out ?

Wakefield. I did; and it was Friday the 14th that I took that coat in.

Q. What time of the night was it?

Wakefield. I believe it might be 10 at night, or thereabouts.

Q. to E. Jackson. What time of the night was it this bargain was made ?

E. Jackson. It was after candle light, the hour I can't tell.

Q. Can't you tell whether it was an hour, more or less, after?

E. Jackson. It might be 2 or 3 hours after.

Q. How long was he gone to pawn it ?

E. Jackson. He was back again in less than a quarter of an hour.

Q. to Wakefield. Where does your master live?

Wakefield. He lives at the corner of Russel-court.

John Kelsey . I am a soldier, I remember I was drinking a pint of beer at the Elephant and Castle in Drury-lane there were two old-cloaths men came in with some old-cloaths, one said to the other I have bought a bargain since I saw you; the other said what is it; he said, it is this coat upon my shoulder.

Q. Look upon this, is this it? (it is held up )

Kelsey. I never had it in my hand.

Q. Was any body by at the time ?

Kelsey. There was a woman along with them, but whether this is the woman, I know not. They whisper'd to one another: said the other, you have bought it dear enough. The prisoner said, will you sell that coat, my friend? Said he, I bought it to sell. Said he, what do you ask for it? He said 20 s. The prisoner said, I am like a quaker, I'll give you not more nor less than 16 s. Then with a great deal of words, one said, let him have it. He paid down 8 s. and said, I have got two new shirts; I'll leave you them 'till I go and pawn it, and bring you the money. They sat down in the box; and I staid some time, and saw the prisoner come in, and pay the other 8 s.

Q. Was you subpaena'd ?

Kelsey. I was subpaena'd last Saturday.

Q. When did you see Elizabeth Jackson last?

Kelsey. She came with the man to subpaena me.

Q. Had you never, at no time, any discourse with her about this affair?

Kelsey. No, never. I know nothing of her.

To his Character.

Stephen Scot . I have known the prisoner near a year; he work'd at the building a house for me, betwixt 2 and 3 months. I took him to be a very honest young fellow as any in England.

Q. What did he earn a week?

Scot. I gave him 16 s. a week.

Q. How long is this ago?

Scot. It may be between 2 and 3 months ago.

Q. What is his general character ?

Scot. I never heard any thing bad of the young man in my life.

William Sparrow . In August last, or the beginning of September, the prisoner work'd for me as a carpenter, in London-street, Greenwich; I paid him 15 s. a week, for 6 weeks or 2 months; he had an opportunity of robbing me, and I did not find that I lost any thing. I know no harm of him, nor ever heard any, 'till this prosecution.

Paul Comberfoot . I have known the prisoner this dozen years, he bears a good character.

Q. What are you?

Comberfoot. I am a carpenter. He and I have work'd together for Mr. Scot; if I had thought him a rogue, I would not have kept company with him.

Q. to Wakefield. What did you lend on this coat?

Wakefield. I think he wanted 15 s. upon it, and I bid him 12.

Thomas Mears . I have known the prisoner 4 or 5 years, he work'd along with me.

Q. What is his general character ?

Mears. He has a very good character. He lodg'd with me some time.

Bridget Mear . I am wife to the last evidence; I know the prisoner at the bar.

Q. What is his general character?

Mears. I never heard any thing but a very good character.

Guilty of stealing, but not in the shop .

(See No. 53 in this Mayoralty.)

[Transportation. See summary.]

151. (M.) Lewis Roster was indicted for that he, on the 17th of July , about the hour of 10 in the night, the dwelling-house of James Bridges did break and enter, and stealing out thence 4 saws, value 8 s. 15 pair of moulding planes, value 13 s. 2 sineers, value 12 d. 1 hammer, value 6 d. I setting stone, value 12d. the goods of William Young ; 6 saws, value 30 s. 16 pair of moulding planes, value 30 s. 6 O G's, 6 chissels and 2 gouges , the goods of William Heyworth . +

William Young . I am a joiner . I was at work in New-Charles Street, near May Fair , at the house of James Bridges , Esq ;

Q. Does he live there?

Young. He is coming there to live. The family is not yet come in; some of them are.

Q. When did they come?

Young. I cannot give any account when they did come in. I was at work there on the 17th of Jan.

Q. Did they lie in the house ?

Young. I cannot say whether they lay in the house, they were backwards and forwards most days: that is, Mr. Bridges and his lady, and several of the servants. On Saturday night, the 17th of January, we lost the tools. My chest was broke open; and I missed 4 saws, 15 pair of hollows and rounds; some chissels, a hammer, and a setting-stone.

Q. From what place were they taken ?

Young. From Mr. Bridges's dining-room.

Q. When had you seen them last ?

Young. About 4 o'clock that afternoon.

Q. Do you know the prisoner ?

Young. He was there; we kept a sharp eye upon him.

Q. Was he a workman there ?

Young. No, he was not. I never saw him before that day in my life, as I know of. They came and told me on Sunday morning I was rob'd. I went up and found my chest broke open, and all my tools taken away; more than mentioned in the indictment.

Q. How did they get in?

Young. I found a pane of glass or two broke the butler's pantry, underneath the hall; to the sash of the hall window was opened by that means.

Q. How did they come into the dining-room ?

Young. There was no lock to the dining-room door.

Q. How was the outer door fastened ?

Young. That was fastened by a padlock.

Q. Where did you find the prisoner?

Young. He was secur'd, and in the Round-house; and two bags of tools taken upon him. He was taken before the justice, and there he told me he got in at the hall window.

Q. Can you say the house was intirely fast, when you left it.

Young. I can say the hall window was safe, and the sash fastened down; but the shutters were not shut: and there were iron rails before the house, and the area.

Q. Where did you see your tools again?

Young. I saw them again in the Round-house; and we have brought some of them here. ( he produced two saws.)

Q. Whose property are these?

Young. One is mine, the other William Heyworth 's.

Q. Where was your saw, when you saw it last?

Young. It was lock'd up in my chest over night.

Q. Do you know whether any of the family lay in the house on the 17th of January at night ?

Young. I don't know that they did

Q. Do you know whether any body lies in the house now?

Young. No, I do not.

William Heyworth . I lost 6 saws, 16 pair of moulding planes called O G's, 6 chissels and some gouges, from out of my chest; which was lock'd up over night, in the back drawing-room above stairs, in this house.

Q. When did you see them last ?

Heyworth. I saw them there about half an hour after 6 o'clock, when I left work.

Q. Was the house well secur'd over night?

Heyworth. It was well secur'd as any house can be; all the doors were fast.

Q. Was the window fast?

Heyworth. It was, and all the windows were; and when we went away, we went out at the front door, and lock'd that. I was in bed on the Sunday morning, when one of the men came and told me, that my chest was broke open, and all my tools gone. The prisoner was in the Round house at that time. I went there and found all my tools in a bag. One of these saws, here produc'd, is one of the 6 that was taken away of mine; here are 3 O G's, and a quarter round that were found also with the prisoner; which are part of the tools I left in my chest over night. ( producing them ) My chest lid was broke in pieces, and laid quite open.

Q. Did you observe any part of the house broke open?

Heyworth. I did not.

Q. Did you hear the prisoner confess any thing?

Heyworth. I did. He confessed before the justice he got down the area window, and came out at the hall window; and that he had a partner along with him. That he got over the iron bars that belong to the palisades; that he broke a square of glass in the area window, and went in through that square in the sash.

Q. Was there room enough for him to go in?

Heyworth. It was a very large square.

Q. Did he say at what time he got in?

Heyworth. No, he did not.

Q. Do you know whether any of the family had lain in the house, or not ?

Heyworth. I don't know whether any of them had, or had not.

John Laming . I took the prisoner on Saturday night.

Q. Where did you take him?

Laming. I saw him coming out at the hall window of Esquire Bridges, between ten and eleven o'clock; he had two bags of tools on his shoulders when I laid hold on him. We had a battle in the dirt for about a quarter of an hour, before any body came to my assistance; at last came two of my master's men; then we took him to the Round-house.

Q. How far was he got from the house when you took him?

Laming. He had not got ten yards from the window. I had got him to the Round house, I went and fetch'd the bags; we had left them where we took him.

Q. What are you?

Laming. I work for the same master as the carpenters do. I am watchman to the timber-yard.

Q. Look at these tools; are these part of what the prisoner had got upon him?

Laming. They are, except the saws. The prisoner own'd he had carry'd two bags full off, while I was at the pay table, and had pawn'd them (amongst which were the saws.) When I laid hold on his shoulder, I said what have you got here? he said I have got my tools. I said, I do not think there are any tools of your's there.

John Parnhill . Two of the prisoners at the bar pick'd me up in Holbourn last Monday about four o'clock, at the bottom of the hill.

Q. Which two were they?

Parnhill. Ruth Skelton and Catherine Hughes , they asked me to give them some beer. We went to the Red-Lion in Shoe-lane, where we had 3 or 4 pints of egg hot.

Q. What do you call egg hot ?

Parnhill. It is gin, ale and eggs.

Q. How long did you stay there?

Parnhill. Till about 7 o'clock.

Q. Was you sober?

Parnhill. I was a little in liquor when I went in there.

Q. Where did you go from thence?

Parnhill. After that we went to Cheapside; there they call'd a coach; we got in it, and they order'd the coachman to drive to the Magpye, in Whitechapel.

Q. Did you drink there?

Parnhill. We did. We had three pots of porter there; and staid I believe about an hour.

Q. Where did you go when you left that place?

Parnhill. They order'd the coachman to go to the Brown-Bear, in East-Smithfield. There we had some pork steaks and beer.

Q. Was not you fuddled by this time?

Parnhill. No, but I was a little merry. Then the other two prisoners join'd us company; from thence we all five agreed to go to the Red-Lion, in Bishopsgate-street. After we came there, we had some beer; and after that some mull'd wine; and staid drinking till about twelve at night. Then they began to make a quarreling in the house. The woman of the house then said get you out all together; I don't like you; you shall not lie here; get about your business. Then they all four got into the coach; and I said to the coachman, I'll give you a shilling to carry them home, or where they have a mind to go; and I said I'd stay there and lay by myself all night. Then they said, come, my dear, or some such words, come into the coach with us. So by their persuasions I did get into the coach. I had my watch in my pocket then.

Q. How do you know you had it?

Parnhill. I took particular notice, and put the string within side my breeches.

Q. Was not you pretty much fuddled by this time ?

Parnhill. No, I was not; I was pretty middling. I had not been in the coach above five minutes, when my watch was gone.

Q. Did you feel it go?

Parnhill. I did not miss it immediately.

Q. How came you to miss it?

Parnhill. The coachman said he would have his money before-hand; and came down from off the box to me for 2 s. This was after I had been in the coach about five minutes. I went to put my hand to my pocket, and missed my watch.

Q. Where was he going to drive to?

Parnhill. I don't know that; God knows. I missed my watch. I said I am rob'd, I am rob'd; the watchman came immediately up, and we carried them to the watch-house, and from thence we went all five to the compter; the next morning we went to Guildhall before Mr. alderman Cockayne, who committed them all to Newgate, and bound me over to prosecute.

Q. Had you your watch again ?

Parnhill. No, never.

Q. Were the women search'd?

Parnhill. No, they were not.

Q. Which of them sat nearest you in the coach?

Parnhill. I can't tell, indeed.

Q. Can't you tell which sat nearest to you?

Parnhill. They were all four together.

Court. But you must sit next to one of them.

Parnhill. My Lord, I got in the middle of them.

Q. Can you tell which took the watch?

Parnhill. It was gone amongst them.

Skelton. You have known me fourteen years. You know when you came out of the Red-Lion, you insisted upon getting into the coach, but the coachman would not let you, and then you went to fighting.

Cross examination.

Q. What are you?

Parnhill. I am an ironmonger and chapman.

Skelton. That is, he cries about the street to buy old iron and lead.

Q. Do you know all the four prisoners?

Parnhill. I do, I know them by sight.

Q. How long have you known them ?

Parnhill. God bless you, I don't know how long I have known them. I have seen them go up and down the streets to buy old cloaths.

Q. Have you ever been in their company before ?

Parnhill. I have with two of them, drinking sometimes.

Q. Was you acquainted with any of them before?

Parnhill. No. What do you mean by acquainted? I don't understand that. I have been drinking with them.

Q. With how many have you been drinking?

Parnhill. With the little one and the great one.

Court. Name their names?

Parnhill. That is, Skelton and Hughes.

Q. How many times might you have drank with them?

Parnhill. I can't say, several times.

Q. Do you know the One-Tun, in Field-Lane?

Parnhill. Yes.

Q. Whether you met with Ruth Skelton and Catharine Hughes in the One -Tun, or in the street?

Parnhill. They were in the street; I came out, and they ask'd me to give them some beer; then I said we will go to the Red-Lion, in Shoe-Lane.

Q. Had they been at the One-Tun with you?

Parnhill. No, they had not.

Q. What did you drink at the One-Tun ?

Parnhill. Only some porter with my sister.

Q. Did not you go to the Ben Johnson 's head?

Parnhill. That I can't remember now.

Q. Did not you go to the Shepherd and Dog in Whitechapel?

Parnhill. No.

Q. Did you drink in all these places where you went?

Parnhill. Yes, I did.

Q. Did you, or did you not pull your cloaths off to fight the coachman?

Parnhill. Yes, I did, at the Red-Lion door.

Q. Had you not a tustle together ?

Parnhill. No, we had not indeed.

Q. How long before you miss'd your watch, did you see it ?

Parnhill. I saw it about five minutes before.

Q. Are you sure of that ?

Parnhill. I pull'd it out to see what hour it was, at the coach door; and put it in my fob again.

Q. Was this after you had strip'd to fight?

Parnhill. It was.

Francis Yates . I had just been home with my coach; and calling at the Red-Lion in Bishopsgate-Street, saw this man, and the four women at the bar, at the Red-Lion door. I believe they had a bottle of mull'd whis; and staid there the value of an hour. The prosecutor changed a guinea to pay for it; he took his watch out at the same time he took the guinea out, to see what a clock it was. He gave the coachman a shilling for bringing them there. Three of these women agreed to lie by themselves in one bed; and to the least of the women, which is Skelton, he gave a shilling to lie with him.

Q. What is this Red-Lion?

Yates. It is an inn.

Q. Do they let such people lay together there?

Yates. I can't say, but there may be such people lie there. After this they began to make words, and the gentlewoman said neither of them should lie there, and turn'd them out. Then the man gave the coachman a shilling to drive the women home somewhere. The coachman said he'd have 2 s. The man went to get into the coach; the coachman said he should pay first; he said he would not pay first, and pull'd off his hat and wig to fight. I knowing the coachman, said to him, don't hit him, for he is fuddled; so he did not. Then he put on his hat and wig again. Then the women call'd him to come into the coach, and said come my dear, and call'd him by his name. One of them said to him, have you got your watch and your handkerchief? I said to the watchman, let us see whether the man has got his watch, or not; he came with his light, and I saw the prosecutor pull his watch out.

Q. Did you see the watch?

Yates. I did, and saw him pull out his silk handkerchief from his right-hand pocket; after they had much intreated him, he got into the coach; but he had not been in the coach above four minutes, before the coachman would have his money; he went to put his hand in his pocket, and could not find his watch; he said it was gone.

Q. Did you see the watch afterwards ?

Yates. No, I never saw it after this. I can't tell who had it.

Q. Was not the prosecutor very much fuddled ?

Yates. The man was not in a drunken condition, but he was a little in liquor.

Cross examination.

Q. Did he accuse any of these four women with having his watch?

Yates. He did none in particular; he said they had it betwixt them. Then he came out of the coach, and charged the watch with them.

Q. Were any of them search'd?

Yates. No, none of them; tho' one of the good women did pull her gown off.

John Freeman . I am a watchman at the end of Widegate-Alley. I heard a great noise at half an hour after 12 o'clock. I went to the Red Lion door, and there were the prisoners and prosecutor.

Q. Did you see the prosecutor's watch?

Freeman. I did.

Q. What time of the night was it when you saw it?

Freeman. At almost one o'clock, it was just before he got into the coach. The four women were in the coach, and said to the man, my dear, have you got your silk handkerchief? He put his hand in his coat-pocket and pull'd it out, so likewise he did his watch, and put it into his sobb, and turn'd the ribband withinside his breeches, and stept into the coach; and he had not been there five minutes before he came out, and said he had been rob'd, and gave me charge of the four prisoners.

Q. Did you see the watch after that ?

Freeman. No, I never saw it since/.

Q. Were the women search'd?

Freeman. No, one of them offer'd to be search'd, but the others said, nobody should search them.

M'Cullen's defence.

I am as innocent as the child unborn.

Skelton's defence.

I never saw the watch.

Robertson's defence.

I can have a hundred people to my character. This woman ( putting her hand on Skelton ) lay with the old rogue all night in the Compter.

John Terry . On the 30th of January, towards the evening, betwixt dark and light, there came two women into my house (the Rose and Crown, Aldgate-High-Street ) for a pint of hot; I made it in a silver pint mug, knowing one of them. They drank it, and call'd for another; in the mean time the prisoner and another man were drinking a pint of beer opposite them, in another box: by and bye the prisoner and the other man separated, the other man went into another company, and the prisoner introduced himself into the womens company, and began to drink with them out of the silver mug. My wife was out, and I was pretty busy; one of the women took it up on her finger and brought it to me at the bar, after they had done; and said, take care of your silver mug, and here is your money for your two pints of hot, and paid me. I took the mug and set it down in the bar; then the two women were going out, and wished me a good night; the prisoner started up and said, ladies, or gentlewomen, I have drank some of your hot, I'll be my pint. Then they staid, and I made another pint in the same mug; I brought it to him myself; the two women drank 'till it was almost half out, they wish'd him and me a good night, and went away, and left him at the table with the mug before him.

Q. Was any body at that table, besides the prisoner, when they went out?

Terry. No, he was all alone. In about a quarter of an hour after, he call'd me, and paid me for that pint. I was walking up and down, out of one room into another about my business, he call'd me and said, he should be oblig'd to me if I would make it hot again, for it was quite cold. I order'd my servant to warm it, and after that I saw the mug before him upon the table; by and bye I missed the prisoner, but did not think of the mug, he having paid for the liquor before.

Q. What time was it that you missed the prisoner?

Terry. It was about 8 o'clock, and about 9 my wife came home, and ask'd my servant where the plate was? He look'd about and said, all the tankards were right. My wife said, where are the mugs ? He look'd about, and said there was one missing; then he look'd diligently about, but could not find it; then I recollected that the mug the prisoner had drank out of, had not been seen from the time he had been there.

Q. Had the mug any mark upon it?

Terry. It had two ships engraved upon it. I have two others engraved after the same manner; in the morning I acquainted the silver-smith whom I bought it of that I had lost it, and by enquiring about I found out where the prisoner at the bar lived. I went and told him I wanted that silver mug that he made a little free with last night; said he, I know nothing of the matter; I said I had never seen it from a little after the maid warmed the liquor in it; then he desired me to walk up stairs into his own room. I did, there he denied it again, and his wife and he talked together in their own language; then he said to me what is the reason you did not suspect such a one that they call My Lord? I said I believed him, to as big a thief as you; then he said to his wife go and tell My Lord, I am charged with stealing the silver mug, and said if he has got it he'll send it. I wanted her to let another person go with her, but she went alone, and came back again and said he was not at home; then I said to the prisoner you must come along with me, and took him home to my house and charged a constable with him, he seemed to be very much affrighted, there were several people in my house who told him he had better impeach; he began to be very uneasy, and said, Mr. Terry, I'll take care and send for your mug. When the constable was going by his order, he wanted to go with him, so he, his wife, the constable and I went to a house, there was nobody at home; I said I would not be trifled with, and brought him back to my house a second time; then he sent a man for the mug, who returned and brought it, and put it down on the side of the bar.

Q. Did you hear him give that man orders to go for it?

Terry. I did; I heard him bid the man go to a person for the mug.

Q. Who was that person?

Terry. I don't know who that person is, I asked him if that was the person? he said, what is that to you if you have the mug again? we took him before Mr. alderman Cockayne.

Q. What did he say for himself there ?

Terry. His defence he made there was this; I own I had the mug to drink out of, and I was drunk and sleepy and laid my head down to sleep, and My Lord came and took it away. The alderman said, if you was drunk and asleep, how do you know who took it away?

Q. Who did he mean by My Lord?

Terry. The man that was drinking with him in my house that evening, he joined with other company that were drinking of beer.

Q. Did they join company after that, that night.

Terry. No, I never saw them speak to each other after they separated from each other.

Cross examination.

Q. After the two women were gone, had there no men been in that room besides the prisoner ?

Terry. Yes there had.

Q. How many?

Terry. I believe seven or eight.

Q. Were there any there after the prisoner went away?

Terry. Yes there were.

Q. How many rooms have you on that floor?

Terry. I have two.

Q. Was the room the prisoner was in next the street, or backwards?

Terry. The rooms are both near the street, being one by the side of the other.

Q. Do you know one Isaac Elias ?

Terry. I can't say I know him by name.

Q. Did he offer to hide himself when you went to his house?

Terry. When I knock'd at the door he came in his waistcoat, and stop'd about the middle of the stairs; I saw him and said it is you I want.

Q. Did you say any thing to him about Isaac Elias ?

Terry. No.

Q. Did he go very willingly along with you?

Terry. He did.

Q. What did he advise you to go up stairs for?

Terry. I believe it was because the neighbours should not hear, for he cried hush, hush.

William Turney . I am constable, Mr. Terry came to my house and told me he had got a man at his house that had stole a silver mug, and he desired I'd go to his house? I did, there was the prisoner at the bar, and Mr. Terry gave me charge of him. I ordered him to go into a box and sat down by him, and asked him if he had any body to send for, or had any thing to say for himself? then he said if I would let him go home to his wife he could tell me something about the mug. I said, if you can do that, you may send for your wife, and she can bring it. Then he proposed, if I would indulge him so far as to go with him, and take two or three more with me, he would carry me to his wife, and produce the mug. I thought it would be for the benefit of Mr. Terry, if I ventured to go with him, therefore told him what the prisoner had said to me, and that if he thought proper I would take two or three men with me, and go to his house. He thought it best so to do, so I went. When we came to his house, his wife was not at home. He said he knew where to find her. We went to another place and found her, where they talk'd together in their own language.

Q. Was she alone?

Turney. There were a man and several women with her in the room. At last I said, I do not understand your talk, but, good woman, I am come for a silver mug that your husband has brought you, and desire you will deliver it to me. She said she knew nothing of it. Then the man that was there told me, that if I would leave one of the men there, they would bring the mug to the prosecutor's house in a quarter of an hour. So Mr. Terry and I took the prisoner to his house, and they soon brought the mug thither after us.

Q. What did the prisoner say about bringing the mug?

Turney. I don't know what he said, but it was agreed amongst them all. It was the other Jew man that said he would answer to bring me the mug, if I would go back again with the prisoner. They had been talking in their own language, but what I did not understand.

Q. Did the prisoner talk to the other Jew man in a language you did not understand?

Turney. He did.

Q. Was that before or after the other man said he would see it forth coming?

Turney. It was before that.

Q. How soon after you got to Mr. Terry's was the mug brought?

Turney. It was brought in about a quarter of an hour, or not so much ( the mug produced in court.)

Q. to Prosecutor. Look at this mug; do you know it ?

Terry. This is the mug I lost at that time. I know it by a crack in the handle, and the two ships engraved upon it; here is also engraved Captain Frances Commander , 1742.

Prisoner's defence.

I am as innocent of the fact as a child just born, were I to die this minute; here is my council to plead for me.

For the Prisoner.

Michael Lazarus . I know Mr. Terry, the prosecutor. The father of the prisoner came to me and told me I should inquire into this thing, because I used Mr. Terry's house. Three of us went there, and called for a pint of hot.

Q. When was this?

Lazarus. About 15 or 16 days ago. We called the prosecutor up to us, and asked him if he could swear this young man had stoln his pint mug. He said no. Then we said, Can you swear he brought it back? He said no.

Court. He says the same now.

Myer Abrahams. I was with the other witnesses, to hear what the prosecutor should say. He said, I can't swear this man took it, nor who brought it back again.

Q. How long have you known the prisoner at the bar?

Abrahams. I have known him from a child.

Q. What is his general character?

Abrahams. I do not hear a bad one of him.

Benjamin Levi . The prisoner is my son; hearing some talk about a silver pint mug, I went to the prosecutor's house along with the other two evidences. He said he had lost a silver pint mug, but could not swear to my son, nor knew who brought it again.

Elizabeth Philips . I have known the prisoner from his infancy.

Q. What is his general character?

E. Philips. He bears a very good character, for I never knew any ill of him; he is an honest prudent man, and behaved well; his father is clerk to the Jews synagogue, and he supplies him.

Isaac Eliezer . I have known the prisoner almost ever since he was born.

Q. What is his general character?

Eliezer. He has a very good character, to my knowledge; he has carried out goods and received money for me, and brought it honestly, sometimes 10 l. at a time.

Rosey Solomon. I have known the prisoner about eight years. I used to trust him with money and goods, and he never wrong'd me of a farthing. If he should be clear'd, I shall trust him again on Monday.

Benjamin Polax . I have known him 7, 8, 9 or 10 years, as many as you will.

Q. What is his general character?

Polax. As far as I know he bears a very good character; his father lives over-against me, and the prisoner often went in and out at my house. I have sent him of a great many errands. I never missed any thing. He never wrong'd me, but always behaved honestly.

Septimus Mozene . I am warder in Whitechapple parish. One of the watchmen h appening to meet the prisoner in Story-lane, he came and told me she had shewn him a silver watch. I bid him to tell her, if she would sell it, to bring it to me, and I would buy it of her. This I did in order to detect her, thinking she had stoln it.

Q. When was this?

Mozene. This was on the 14th instant; he brought her, and I went with her to an alehouse to see it. She deliver'd it to me. I said she had stoln it, and deliver'd her to the officer of the night.

Q. Did she say how she came by it?

Mozene. She said she found it in Bow church-yard.

Q. Have you shewn it to any body else, does any body claim it?

Mozene. The seal and string have been owned by a gentleman, but he will not prosecute.

Q. Where is he?

Mozene. He is gone to sea.

William Sheldon . I know the prisoner to be a common street-walker. Last Sunday night I met her as I was upon my duty, being a watchman. She said she wanted a piece of candle, shew'd me a watch, and said she would sell it. I went and told the warder, who bid me go to her, and tell her he would buy it; his intent being to stop it, in order to restore it to the right owner. I went, and she brought it. I asked her how she came by it. She said, Gentlemen, I hope you will excuse me, she - for it, and served him right too.

Mr. Basden. I am constable, and was charged with this woman on the 18th instant, about a quarter after eleven at night. She had got a watch, I asked her how she came by it, and she said she found it in Bow-church-yard; it was deliver'd to me.

Q. Was it going when you received it?

Basden. It was.

Q. Were there any bruises or dirt upon it?

Basden. No.

Q. What sort of an evening was it, was it clean or dirty?

Basden. I know it was a dirty evening. I took her before Mr. Alderman Hankey the next day, who order'd her back again to the compter, and directed me to advertise the watch in the Publick Advertiser, which I did three times. Last Saturday a person came and challenged it. I told him Mr. Alderman Hankey had it, in order to find out the right owner, and on Monday I went to the alderman along with the gentleman.

Q. Where is he?

Basden. He is not here; he is gone abroad as far as I understand.

Acquitted .

158. (L.) Mary Speed , spinster , was indicted for that she, together with Mary Brown , not yet taken, on Thomas West did make an assault, in a certain open place near the king's highway, putting him in corporal fear and danger of his life, and taking from his person one silk handkerchief, value 10 d. 3 guineas and 8 shillings in money number'd, his property , Jan. 15 . ++

Thomas West . I am an out-pensioner of Chelsea college . I was coming up a passage that leads into Chick-lane.

Q. What is the name of the alley?

West. Black-boy-alley , I believe; it is somewhere thereabouts. The prisoner at the bar and three or four more women met with me, and haul'd me into a passage. They took a handkerchief from my neck, and three golden guineas and eight shillings from me.

Q. Did the prisoner take any thing from you?

West. She took my handkerchief from my neck.

Q. In what manner did they haul you?

West. They took me by the arms; one took hold of my right arm, and the other of my left, and so hauled me into the alley.

Q. Which pocket was your money in?

West. It was in my left coat pocket, in a paper.

Q. Where was you when they took hold of you?

West. I was coming up Chick-Lane; and they took hold on me, and invited me into that place, and threatened what they would do to me.

Q. How invited you?

West. They took hold of me; one of one arm, and the other by the other, and ask'd me to go in.

Q. Invited you in, where?

West. I was ask'd to go up the passage.

Q. Was you ask'd to go into a house?

West. No.

Q. Did you go willingly with them?

West. I went along with them as they pull'd me along, according to their directions,

Q. Did you go with a free good-will.

West. No, I did not.

Q. Why did you not try to get away from them?

West. I have not the proper use of my arms as another man has. I tried to get away from them as well as I could; but could not.

Q. Did you call out?

West. I was afraid to call out.

Q. Why?

West. Because I was got into such an ugly place.

Q. Where was you going?

West. Home, from Chelsea.

Q. Where do you live?

West. I live in Bridgwater-Gardens.

Q. When was this?

West. This was the 15th of January, about eight at night; and as soon as I was in this bye place, they began to rifle me.

Q. Did the prisoner take your handkerchief by force?

West. It was loosely tied.

Q. Did she use any threatening words to you?

West. I can't say there were any great railmenting, only d - ning and swearing to one another, but not to me.

Q. Did they demand any money of you?

West. They did not ask for any money; but they took it.

Q. Are you sure you had your money in your pocket at the time?

West I am sure I had; for I had my hand in my pocket, and felt it before I came up there.

Q. Do you know who took your money?

West. I believe Mary Brown took that.

Q. Was you sober?

West. I was quite sober.

Q. Had you not drank that evening?

West. I can't say I had drank nothing. I had drank part of a pint or two of beer, with a person that belong'd to the same regiment that I did, that is in the college.

Q. Did you know you was rob'd at the time you lost your money?

West. After losing my handkerchief from my neck, I put my hand into my pocket, and found my money was gone; but I did not care to cry out in that narrow place.

Q. How long might you be in that place with them?

West. I believe I might be there with them about half an hour, from first to last. I can't limitate the time.

Q. What was you doing all that time?

West. Pulling and hauling. I can't give an account, I was so frustrated.

Q. What makes you say you believe it was Mary Brown that took your money?

West. Because she was at my side.

Q. Did you ever meet with your money or handkerchief again?

West. My handkerchief was found at a pawnbroker's in Chick-Lane. (producing it) This is it.

Q. Did the prisoner own the taking of it, after it was found.

West. No.

Q. from prisoner. Did not you give me six-pence to go and fetch a full-pot of beer for you, when you was in that woman's (meaning the evidence) room.

West. I never deposited any money.

Prisoner. He was in that woman's house, in two rooms.

Q. Was you in a house with any women?

West. I was in no apartment at all.

Sarah Williams . The prisoner brought me this handkerchief into my room, as I sat by the fireside, and asked me if I would go of an errand for her; I ask'd her what to do? She said, to pawn this handkerchief, and lay it in my own name, because I should fetch it again; so I went and pawn'd it for her.

Prisoner's defence.

This woman and her sister keep two rooms, to take unfortunate women in; this man came down stairs and gave me 6 d to fetch a full pot of beer. Since, he has taken that woman up, and carried her before justice Withers; and four days after that he took me up, and carried me before justice Fielding: and now she has laid it to me.

Acquitted of the robbery.

Guilty of stealing.

[Transportation. See summary.]

159. 160. (M.) John Wilson and Robert Wilson were indicted for that they, on the 3d of February , about the hour of two in the night of the same day, the dwelling-house of Thomas Cotton , Gent. did break and enter, and steal one silver coffee-pot, value 5 l. two silver candlesticks, value 8 l. three silver salvers, value 5 l. one silver milk pot, value 10 s. one silver pint mug, two silver half-pint mugs, one knife and fork with silver handles gilt, eight silver spoons, one pair of silver tea-tongs, one silver strainer, two silver salts, two silver salt shovels, one silver pepper-box, one tea chest with three canisters, and one silver punch-ladle, the goods of the said Thomas, in the said dwelling-house . *

Thomas Cotton. I live in Red-Lion Street, Wapping . Behind my house is a paved yard, across which is an office for my clerks.

Q. What is your business?

Cotton. I am an attorney . There is a back-door out of an entry belonging to my office, which goes into an alley, call'd Queen's-head-alley.

Q. How wide is that paved yard?

Cotton. It is about as wide as the breadth of this court. To the office window in that alley are double shutters, inside and out; there are also inside and outside shutters to the parlour window, that is the back parlour belonging to my house, that looks into the yard. Between Tuesday and Wednesday, the 3d and 4th of this instant, and between 2 and 3 in the morning, my wife awak'd me, and told me she heard some uncommon noise. A lady being sick at the next door, I imagined it was somebody up with her; presently I heard it, and upon sitting up in my bed, I heard somebody walk below stairs, but still thought it was in the next house. I got up, and went out of my chamber into the next, which was the back room that looks out into my yard; my wife also went with me. I threw up the sash to look into my neighbour's yard, upon which a man jump'd out of my window into the yard; I rather say I heard than saw him, it was so dark. I heard him run across my yard into the clerks office, and at the same time I heard another person in the office very plain; I call'd out watch, but was not heard by any body. Some time after the watchman came his rounds, and I call'd him, and went down stairs. The first thing that I observed was, the back parlour door was open, and the watchman and I went in there; the sash was quite up that looks into the pav'd yard, and the outside and inside shutters cut; the outside shutter had a pannel cut out about the middle, and the inside shutter had a pannel cut out at bottom; the reason of which appear'd to be, that the bolt on the outside was in the middle, and the inside one fastened at the bottom. I have two beaufets in the two parlours, in which the plate was when we went to bed.

Q. How are these parlours situated?

Cotton. One looks out into Red-Lion-Street, and the other backwards into my pav'd yard.

Q. Could a person get out of one parlour into the other?

Cotton. They might, the sash door between them was not lock'd. I found the beaufets stripped.

Q. What did you lose?

Cotton. I lost a silver coffee-pot, a pair of silver candlesticks, a silver pint mug, two half pint silver mugs, a large silver salver, two small ones, a silver milk-pot, a silver handle knife and fork gilt, a shagreen case, seven tea-spoons, one table spoon, tongs and strainer, a tea-chest with three tin canisters in it, two silver saltcellers, two salt shovels, one silver pepper-box and one punch-ladle.

Q. Were these taken out of the beaufets ?

Cotton. They were; then we went a-cross the yard into the clerks office, for the door that came out of that entry into the pav'd yard was not fastened that night, and we seldom do fasten it; I found in the office one of the windows broke open in the same manner the other shutters were; the outside shutter of the window that looks into Queen's-head-alley, had a small piece cut off, in order to reach the bolt; the inside shutter had a pannel cut through, so as to put in a hand and lift up the bar; that sash I found wide open; I found the three desks of my clerks every one of them broke open and the papers tumbled about, but could not find any thing was taken away. I went from thence into the house and into my own study, which is even with the parlour, where I have a row of presses for papers with drawers under them; the first of these presses and that alone, I found broke open, and likewise a drawer under a table upon which I write, but the others were not touch'd; in these two drawers I sometimes had kept money, and the prisoner Robert had been an errand-boy to me about three months.

Q. When did he go away?

Cotton. I think it was in October last that he went away; I knew he had seen me take money out of that first drawer, and I don't know that any person in the world, out of my own house, ever did; this with his being advertised for robbing another gentleman, occasioned me to take him up upon suspicion. One thing I ought to have mention'd before: In the morning when I came down, in my parlour window I found this knife, (producing a sort of a Dutch knife with the edge back'd into a saw. )

Q. Which parlour window did you find it in?

The remainder of these Proceedings will be published in a few Days.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON, And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 25th, Thursday the 26th, Friday the 27th, and Saturday the 28th of FEBRUARY,

In the Twenty-ninth Year of His MAJESTY'S Reign. NUMBER III. PART III. for the YEAR 1756. Being the Third SESSIONS in the MAYORALTY of The Right Honble SLINGSBY BETHELL, Esq, LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed, and sold by J. ROBINSON, at the Golden-Lion, in Ludgate-Street. 1756.

[Price Four-pence.]

THE PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of LONDON, &c.

Cotton. THE window that the persons got in at out of the pav'd yard. It is a very remarkable knife with an inscription upon it, and the sheath was found by my servant, who will give the court an account of it when she is called. I took him up, and upon his being examined before justice Manwaring, the day before the fast, I thought proper to have him search'd, but nothing belonging to me was found; this knife was shewn him there, he denied he ever saw it in his life before: afterwards his mother was called in as a witness to prove where he was at the time the robbery was committed, and when this knife was produced to her, being ask'd if she knew that knife? she said immediately, that knife is my son's knife, I'll swear it (imagining, I believe, it had been taken out of his pocket with the other things of his that lay upon the table.

Q. Where was the prisoner Robert then ?

Cotton. He was not then in the room; she had named two sons, but had not said which son owned it.

Q. Are the two prisoners brothers?

Cotton. They are; she was asked which son owned the knife? and she said really I can't tell which son, for they both of them claim it, sometimes one says it is his, and sometimes the other says it his; for it was given or sold to them by an acquaintance of theirs, as they told her. After that John Wilson the elder was called in to give an account where his brother was that night; he came as a witness for his brothers; the justice then shew'd him this knife, but he likewise denied having ever seen it in his life before. Upon that the justice called in his mother again, and bid him not speak a word till he had asked him a question; then the justice said, before his mother, do you know this knife ? he said no, I never saw it before. The mother said, why John you know it is your knife, but he still denied it. Upon this suspicion the justice sent both the prisoners to the watch-house than night; the next day, which was the fast day, after service was over in the evening, the justice had them before him again; the youngest was brought in first and was again shew'd this knife, and asked if he would own it? he said no, he never saw it till the night before. The justice said to him, why your mother owned it last night before many people to be your knife. Yes, said he, my mother was affrighted then, and did not know what she said; but if you'll please to call her in, she has got the knife in her pocket that she mistook for this knife; the justice said he would call her in by and by, and accordingly he sent him out and called the mother in; then he asked her again, and shewed her the knife, whether that was her son's knife? she then said no, it was not: the justice said, you said it was his knife many times over last night. I did so, said she, but I was affrighted; she produced another knife, and said this is the knife that I mistook for that last night. (Produced in court a sheath knife, but it had no resemblance to the other.) The justice took it of her, laid it down and sent her out, and sent for the prisoner Robert in, an d asked him whether he would own the knife or not? he said, no; I told you my mother had that knife she mistook for this in her pocket, if you please to call her in. The justice said, he would call her in presently; then he took up a knife and said, is it like this? he said no, then he took up the knife his mother produced and said, is it like this? he said no, that knife is not so long as the blade of this.

After that some people were called in to his character, and some to prove him elsewhere at the time; but they varied in most of the facts, so that when they come to be called I beg they may be examined separately, for there were not two of them that said the same thing.

Q. Have you ever met with your goods, or any of them again?

Cotton. No, I have not, I advertised them, and got papers from goldsmiths hall distributed about.

Q. Did the prisoners own anything?

Cotton. No, nothing at all.

Q. from Robert. Was there not a mistake about the knife? the justice shewed me all those knives, I said none of them was like it; I said it was a little knife not like any of these; this knife he has here is not the knife shewn to me before the justice.

Cotton. This is the very knife that was produced by the mother, which he denied to be his knife; I now recollect another thing; when she produced this knife, the justice said, but you said you wou'd swear to the sheath as well as the knife. She, upon the sheath being shewn her, said her son's knife had exactly such a sheath, and he always wore it with such a sheath; that it was of that colour and that kind; but Robert said, when he was asked about the sheath, that he did not wear his knife in a sheath, and mentioned his once falling down and cutting his thigh by reason it was without a sheath, and said he wore it in his breeches pocket. The fastening of my house was very particular, I know it could not be broke open in the manner it was (being broke on the outside and inside shutter exactly where the fastenings were) but by a person that had lived in my house.

John Wilson . That knife that Mr. Cotton has in his hand is mine.

Note, This was the knife produced by the mother.

Jane Jobson . I am servant to Mr. Cotton, when we came down in the morning we found the house broke open, and when I went to bed the doors and windows were all fast, and the things all in the house.

Q. What time did you go to bed?

J. Jobson. I did not go to bed till after master and mistress were in bed, and that was between 12 and 1 o'clock.

Q. In which room do you lie?

J. Jobson. I lie up three pair of stairs forwards

Q. Was you before the justice?

J. Jobson. I was when Mrs. Wilson own'd the knife to be her son Robert's.

Q. Did you see him brought in?

J. Jobson. I did; he denied it. When I was cleaning the stove in the back parlour, I found the sheath that belongs to that knife my master found.

Street Arnot. I am clerk to Mr. Cotton, I heard the examination before the justice.

Q. Do you know any thing more than that of the knife?

Arnot. I know no more; I took the prisoner Robert, he seemed to be under a good deal of concern of mind.

Q. When did you take him?

Arnot. The Thursday after our house was broke open; when I met with him I asked him if he had heard master had been rob'd? he said no, and pretended a good deal of ignorance, but seemed very uneasy; we went to a public house and I call'd for a news paper and read it to him.

Q. from Robert. Whether or not you did not tell me, Mr. Cotton saw three or four persons run cross the yard?

Arnot. No, I did not; I told him Mr. Cotton saw one person run cross the yard.

John's defence.

I know nothing at all of it.

Robert's defence.

I know nothing of it.

For the Prisoners.

John Skirrard . I know the prisoner John, he has work'd with me, I am a silk throwster, he behaved very well with me; he was in my service when he was taken up upon suspicion, and should he be cleared here I will take him into my service immediately, notwithstanding this impeachment of his character.

Samuel Ware . John work'd above a year with me, he behaved well in my service.

Q. What is your business?

Ware. I am a throwster.

Q. What is his general character?

Ware. I take him to be a person of good character.

Elizabeth Stracy . I know Robert, I lived next door to his mother four years, he used to go to service as a footboy.

Q. What is his general character?

E. Stracy. I never heard any other than a good character, except that which was in the Daily Advertiser. On the Sunday night the robbery was committed I went to Nortonfalgate, at seven at night; my husband was sick, so I left the key with the prisoner's mother; when I came home it wanted ten minutes of one o'clock, I knock'd at her door and her sister got up and let me in, I said, don't be angry, I'm sorry to give you this trouble. I went in, and Robert was then in bed with his mother (he was fast asleep) below stairs.

Q. Where did John lie?

E. Stracy. He lay above stairs.

Q. How could you be so particular as to the time?

E. Stracy. I went to my own room, took the drawer out and looked at my husband's watch, then it wanted 6 minutes of one.

Q. How far is the house where the prisoners live from Mr. Cotton's house?

E. Stracy. I never saw Mr. Cotton's house in my life.

Q. How far is the prisoners mother's house from Wapping-new-stairs?

E. Stracy. I do not know where they are.

Martha Munit . I have known Robert Wilson from a baby; they live in a house of my father's, and have done 20 years.

Q. What is the general character of the prisoners at the bar?

M. Munit. I never heard any ill of them except that advertisement; I accidentally went into their mother's house and saw Robert sitting upright in the bed, which startled me, this was the night the robbery was committed.

Q. What time was this?

M. Munit. This was betwixt ten and eleven.

Q. What was your business there?

M. Munit. I went to ask the sister a question; I said, what is that? the sister said he often does so in his sleep.

Q. Does how?

M. Munit. Rise up in his sleep, in his bed.

Q. Where was his mother, was she in bed?

M. Munit. No, she was not; she was sitting by the fire, she had a very bad leg.

John Baxter . I have known Robert some time, I never heard any thing amiss of him only the advertisement.

Q. What is his general character?

Baxter. I take him to be a very honest lad, and one of a good character.

Both Acquitted .

161, 162, 163. (M.) John Peass was indicted for stealing eight gold rings set with chrystal stones, and small diamond sparks, value 12 l. 16 s. the goods of William Foley , senior ; and Edward Peass and Francis Hodges for receiving one of the said rings, well knowing it to have been stolen , Jan. 20 .*

- Cowdrey. (He produces the ring.) I had this ring of the prisoner, John Peass , on the 24th of last January, in Hillandon. I am a cooper, and had been carrying some work home, and coming back I met with the boy, playing with this ring upon his finger, he was turning it round; I ask'd him what he was going to do with that ring; he said he was going to sell it. I ask'd him what he would have for it; he said a penny, or any thing I would give him, and added, he had not had any victuals for two or three days past. I carried him to one Mr. Clark who deals in such things, whose wife said it was a gold ring; then I took the boy and the ring down to Uxbridge. He desired me not to carry him to the overseers, for fear they should lay hold on him. Then I took him to the Three Tuns, next door to my shop, where we found him in several stories; at first he said he had it of a lad in James's-Street; afterwards he said he had it of a lad at Ealing; at last he owned he took the ring out of the waggon: on Wednesday I advertised the ring, but heard no more of it.

Q. Was he threatned?

Cowdrey. He was, the landlord of the inn talk'd to him.

Q. Had you any discourse with the prisoner Hodges.

Cowdrey. The prisoner Edward Peass said, he sold one ring to the prisoner Hodges; Hodges said he had it as a pledge, and sent for his book, and said it was set down as such: Edward Peass said before the Justice, he did not think any thing of this, or he would not have been concerned in it.

Q. What did Hodges say before the Justice?

Cowdrey. The Justice asked him how he came by the ring; he said Edward Peass the father let him have it as a pledge.

Q. Did Hodges mention the time when it was pledged?

Cowdrey. He did, but I don't remember the time particularly.

Cross examined.

Q. Did not Hodges come voluntarily before the justice, without a warrant?

Cowdrey. He had no warrant as I know of; I did not ask him, or concern myself with him.

Q. Did not he freely come before the justice?

Cowdrey. He did, as far as I know.

Q. You mentioned Hodges bringing the book, and that it was set down as a pledge; did you not?

Cowdrey. He said so, I did not look in it.

Q. Did not Hodges come to clear himself, and he an evidence against any body that had stole the ring ?

Cowdrey. I suppose so.

Mr. Dupea. I am a jeweller, and live in Lombard-Street, at Mr. Thomas Jones 's. I had this ring and seven more made; they were all pack'd up in a small box, about the size of a wafer-box I delivered them myself to one Mr. Colly, the book-keeper to Mr. Russel, at the Bull and Mouth, in Aldersgate-Street, on Monday the 19th of Jannuary last, to go by the Sturbridge carrier; there was some brown paper wrapt round it, I believe two sheets, and tied about with packthread.

Q. What marks are upon that ring?

Dupea. William Foley , Esq; obiit Dec. 23. Aged 25. They were all of one sort, but differ in the size and numbers; all the directions I had to make them by were slips of paper, which were numbered 1, 2, 3, &c. And according to those papers I numbered the rings, that I might know who they were for; and this is No. 3. I packed it up myself in the parcel.

Mr. Colly. I am book-keeper to Mr. Russel's waggon, at the Bull and Mouth. On the 19th of January, Mr. Dupea delivered to me a small roundish box, tied round with packthread, and wrapt in brown paper, directed to Thomas Hodges , Esq; I delivered it to Matthew Thompson .

Matthew Thompson . I live at the Bull and Mouth, in Bull and Mouth Street. The book-keeper delivered me a parcel to give Mr. Wharton; it was wrapt up in brown paper, and tied round with a string.

William Wharton . Matthew Thompson brought a parcel to me, and bid me give it to the waggoner when he went out in the morning. It was a little oval box, wrapt up in a paper, and tied about with packthread. I went up to the waggoner, and left it there; his name is Matthew Sharrad . When he came down in the morning, I asked him if he had taken care of it; he said he had.

Matthew Sharrad . I am waggoner to Mr. Russel's Sturbridge waggon. A parcel was delivered to me on a Tuesday morning, by the head hostler; ( Wharton) he set it down by the bed side, and a bill upon it, and said it was to go by the waggon. I brought it down in the morning, and wrapt it in my handkerchief; I had a sort of a lemon basket in the waggon; I put it into that basket with my handkerchief about it, and then tied the basket up, and tied it to the side of the waggon between two bundles of flax. I set out about three in the morning, and going along on this side Chevy-Chase, the strait road to Uxbridge, about 9 o'clock in the morning I met the boy, John Peass ; he desired me to let him ride in the waggon, for he had been five miles that morning, and was tired.

Q. Which way did the prisoner come?

Sharrad. He came out of a lane's end. He offered me a penny or a pot of beer when we came to Uxbridge. I took him in the waggon.

Q. Was there any body else in the waggon at that time?

Sharrad. There was nobody else there.

Q. Where were these bundles of flax?

Sharrad. About a yard off from the tail of the waggon. As I was going up Hillandon Common, he said I might have the pot of beer at a house there, and we had it; he said, do you pay for it, and I'll pay you at the Half-way House. Presently the boy came out of the waggon and walked forwards, and I lost sight of him; I called at the Half-way House, and asked if they had seen such a boy; they said no, and I never saw him since 'till now.

Q. When did you miss your packet?

Sharrad. At one o'clock the next morning. I asked the maid to lend me a lanthorn and candle to put my boots in the waggon, and there I saw the box lay and no paper about it, at the tail of the waggon; another box had the string cut, and the lid half off and half on: we searched the box and found nothing in it; the handkerchief I wrapt it in was gone.

Q. Did you know what was in the box?

Sharrad. I did not.

Q. Have you any of those rings here?

Sharrad. I have not; nor ever saw the rings, nor know what was in the box. I brought the empty box and the paper home to my master, and he found out who they belonged to (the box produced by Mr. Russel ) this is the same box I found in the waggon.

Q. From the time you went from Hillandon 'till you met with the boy, did nobody get into the waggon?

Sharrad. Nobody at all. I got into Beconsfield about 5 o'clock.

Q. Where was the waggon put?

Sharrad. In the street under the sign-post, where it is usually put.

Q. Who did the waggon belong to?

Sharrad. It belonged to Mr. Russel.

Mr. Manning. I am master of the Bull and Mouth Inn. After the boy was taken up, I went with Mr. Dupea and took a warrant from justice Blincoe. We asked the boy several questions, he said he found the rings; I went into a little room, and asked the boy whether he could give me an account where any part of the rings were; he said, as he was walking between Southwell and Hanwell, he met a waggon, and that the waggoner asked him to drive while he went into the waggon to sleep, he said he drove the waggon for two miles, and that there was in the waggon at that time one William Harris ; he said, William Harris took this small box out of a box on the side of the waggon, that he thought it was a box of apothecary's stuff, and Harris put it in again; then he took it out and opened it, and told the waggoner there were eight rings in it, and that the waggoner made him reply and said, you dog I know that: then he said, the waggoner and he agreed to share them, that he had five and the waggoner three. I said, how came the waggoner to have but three and you five? He said, the waggoner put his hand in and pulled out a brass case, and in that was a silver tooth-picker, and that the waggoner had that. I asked him what he did with the five rings; he said he sold one to a baker, that was driving a cart between Acton and the George alehouse; another to a milk-woman between justice Fielding's country house and Acton; he said, one was stopt from him; and the other, says he, I gave to my father, and he has told me he sold it for half a crown. I found all the rings where the boy told me he sold them; one of the rings I saw was No. 7, another No. 4, he said one he sold for three-halfpence, one for a shilling and a pint of beer, and another for sixpence. I sent and took up the father, he denied it at first; but afterwards he said he sold it to a pawnbroker for half a crown.

Q. Did he tell you his name?

Manning. Yes, he did, he said his name was Hodges. When I sent to take him up, he said he had it as a pledge for half a crown.

Q. Was you before the justice?

Manning. I was. The justice asked the father whether he asked the son how he came by the ring, the father said he did not; then he asked the pawnbroker whether he asked the father how he came by it, he said he did not; said the justice, did you not see it advertised? he said he did not.

Q. When did you first make enquiry after the rings?

Manning. It was on the 11th of February.

Q. to Cowdrey. Did you know this boy before ?

Cowdrey. He was put out by the parish of Uxbridge apprentice in London.

Q. Do you know how old the boy is ?

Cowdrey. No.

Q. to Manning. Do you know Hodges?

Manning. I do. He sells plate, and old cloaths, and several things; he had a book, which he shewed to the justice.

Council for Prisoner. Does he not take in pledges?

Manning. It is wrote so over his door.

Q. Did you threaten him, or promise him he should not suffer if he would confess?

Manning. I will not be positive.

Q. Did he produce his book?

Manning. He did. It was set down as a pledge in his book, but quite a different date to what the man said who sold it.

John Peass's defence.

There was another boy in the waggon, that had a hand in it along with me.

Edward Peass's defence.

I know nothing of the matter, but my son brought me a ring, and said he found it; I charged him strictly with it.

Hodges's defence.

The prisoner brought the ring to me, and pledged it for half a crown; afterwards he came again for more money, I said I never lent money a second time. Edward Peass pledged it to me and said it belonged to a person he valued, and therefore he would not part with it.

Sarah Young . I live in Great-turnstile, Holbourn , and keep a millener's shop ; the ribband was taken out of my shop on the 10th of February, between 8 and 9 o'clock in the morning, it was taken from my maid, I can swear to one of the pieces.

Q. When did you see the ribband last, before it was lost?

S. Young. It was in my shop that morning, my maid came and told me what had happened, I came down and found the prisoner (the ribbands had been taken from her) I asked her about them, she said she had taken them and would do so no more. (The ribband produced in court and deposed to.)

Mary Blaney . I am servant to the last witness, the prisoner and another woman came into my mistress's shop to buy a yard of ribband, the other woman bought a yard and the prisoner stole this; I saw her pocket it, she denied it, I said I would search her; she took it out of her pocket and put it upon the compter.

Q. Where was the ribband?

M. Blaney. It was in a drawer that stood upon the compter.

Q. When you charged her with taking the ribband what did she say?

M. Blaney. She said she was going to pay for the other ribband, and that she did not intend to take it; afterwards she said she would never do so any more, if we would let her go. I found several pieces dropt upon the ground from her go. I saw her put them in her pocket.

Prisoner's defence.

I came into her shop and bought a yard of ribband, I was going to buy some black, I had these black pieces in my hand, and going to give her the money they fell back upon my hand, and she said I was going to steal the ribband.

Q. to Blaney. Are you sure you saw her take up the ribband and put it in her pocket.

Blaney. I am sure I did.

For the prisoner.

Benjamin Clark . I live in Golden-lane and am a bricklayer, I lodge in the same house, I have known the prisoner above a twelve month, she is hard-working woman that went out to work, selling oysters, fish, fruit, and such like things as that Guilty .

[Transportation. See summary.]

165. (M.) Daniel Dwire was indicted for that he, after the first day of May, 1734, to wit, on the 23d of February instant, in a certain open place called Great-turn-stile, with a certain rasor, value 2 d. on Thomas Kelley did make an assault, and him the said Thomas, in corporal fear and danger of his life, feloniously did put, with intent the goods and money of the said Thomas to steal . +

Thomas Kelley . I was coming along. Lincoln's-inn-fields, by Great-turn-stile , on the 23d of this instant, between 12 and 1 at night. I was got just between the shoemaker's shop and the iron gate, when a man came up and laid hold of my breast. I asked him what he wanted? he said he wanted my money; I told him I would not give him any; I put out my arm to lay hold of him, he step'd back and made two or three chops at me, but it being dark, I could not see what it was with; it went through the sleeves of my coat and waistcoat of the left arm and wounded my hand; (be shew'd the cuts in the coat, a little above the elbow) I held up my stick and defended myself, he ran away, I called, watch, watch, watch, stop thief; the first watchman came and said, he saw nobody pass along that way; the man was out of my fight in half a minute; there came another watchman, he went towards the rails, and close by the rails he saw a man lying upon his face; by that time there were three or four watchmen came; they took the man up and brought him to me, and asked me if that was the man that had attempted to rob me? I said I could not tell.

Q. How long was this after you was attacked.

Kelley. It was not 3 minutes after.

Q. Look at the prisoner, can you recollect so as to know whether that is the man or not.

Kelley. My lord, I said to the constable, and also before the justice, I rather thought that was not the man; I think the man that assaulted me was of a larger size.

Q. What did he say for himself?

Kelley. When he was lifted up, he said he knew nothing of the matter.

Cross-examination.

Q. Was the prisoner in liquor?

Kelley. I thought he look'd to be so when we took him up.

George Mannor . I am a watchman: On that Monday morning, about a quarter before one o'clock, there was an outcry of stop thief, I stood with my staff in my hand at the middle box in Lincoln's-inn-fields by the wall, when the prosecutor came and said, have you got him? I said I had not, nor no man had passed by me. I heard a foot cross the coach way towards the rails, I went up to the rails, and about 5 yards from the place there lay the prisoner on his face upon the ground, almost over against my box.

Q. How far from the rails did he lie?

Mannor. He lay close to the stonework on which the rails are fix'd, his nose was dirty and his hands spread out.

Q. Were his cloaths clean?

Mannor. His coat and waistcoat were quite clean. I called out, here lies a man; there were 5 men came to me; I took the prisoner up by the right arm, and said bollo, what do you do here? he seem'd to be a little in liquor; I searched him, there was nothing upon him but a razor without a case (it was shut) in the side pocket of his breeches, and a corkskrew.

Q. Was there any blood upon it?

Mannor. Not any that I saw. After that I examined him; he said he came from the White-horse, but where he could not tell. We went up to the White-horse near Whetstone-park, he said that was not the house, but one Donnolly kept the house where he came from; then we carried him to the watch-house, that is all I know of it.

John Folk . I am a watchman, I sat about 40 or 45 yards from where the prosecutor was attacked; I heard him cry, stop thief.

Q. Where is your box?

Folk. It is against the dead wall; I saw a man run by me towards the highway.

Q. How far did you see him run?

Folk. I might see him run about 10 yards, I pursued him side by side, till he went farther off towards the rails, then I went back to fetch my lanthorn.

Q. Can you be sure you saw him running beyond the corner of the rails, so that he could not turn up towards the Duke of Newcastle's.

Folk. I did; he could not turn up that way, being got too far down. I went again to the spot of ground, and there my partner cry'd out here he is; but I did not come to him till the prisoner was taken up. We searched him, and found a corkscrew in his breeches pocket, and this rasor in his side pocket in his breeches (producing it.)

Q. Was there any blood on it?

Folk. I can't say there was.

Q. Was the prisoner fuddled?

Folk. He appear'd stupified; he could not tell where he was. I believe he was no ways in liquor, only frighted.

Prisoner's defence.

I got leave of my master to go out about two o'clock, and went to drinking with an acquaintance. I went with him to lie at his lodgings, but they were all in bed; then I came back to go to lay with my brother, in Holbourn. I remember I fell once, and was taken up by the watchman; but did not know where I was; and when I awaked in the Round-house I could not tell where I was.

Acquitted .

166, 167, 168, 169. (L.) Stephen Macdaniel , John Berry . James Eagan , otherwise Gahagan , and James Salmon , were indicted, for that they, being persons of wicked and corrupt minds and conversations, and not having the fear of God before their eyes, but being moved and seduced by the instigation of the Devil, not regarding the laws of this realm, or the pains and penalty that should befall thereon, did wickedly, unlawfully, and maliciously combine, conspire, and agree together, that one Thomas Blee should procure two persons, to wit, Peter Kelly and John Ellis , to go to Deptford in Ke and to take divers goods and money from the person of the said Salmon on the king's highway, who should he waiting there for that purpose; with intent that they should came the said two persons to be apprehended and convicted for robbing him the said Salmon on the king's highway, and so unjustly and wickedly procure to themselves the rewards mentioned in the act of parliament, proclamation, and other parochial rewards for the apprehending of highwaymen; to the great displeasure of Almighty God, and the great dishonour and scandal of the laws of this kingdom, and the evil example of all others, against his majesty's peace, his crown and dignity , July 22, 1754 . +

Thomas Blee . I know all the prisoners very well; I have been acquainted with Berry, I believe eight or nine years.

Q. How long have you known Macdaniel ?

Blee. About two years; and I have known the others a great while.

Q. Was you present at any meeting when there was a consultation about doing this fact?

Blee. Yes, I was present at many meetings on that occasion.

Court. Begin with the first.

Blee. Berry said to me one morning the latter end of June, or the beginning of July was twelve-month: My Lord ( a nick name they gave me) money grows a little short, if you can't get two men, you must get one, to go upon the scamp. He sent me for Macdaniel, and he said the same.

Q. Where was this?

Blee. In Berry's stable.

Q. What did they mean by going on the scamp ?

Blee. That is, to go upon the highway, to hang them for the reward.

Q. What did you say to that?

Blee. I said I did not chuse to be concerned in this affair, because Kidden's affair was so bad.* Macdaniel made answer and said, G - d d - n you, if you don't, it shall be the worse for you; the next day Berry sent me down to Macdaniel's house, and order'd me to come to the stable. I was afraid of Mr. Price, he having a warrant against me on Kidden's affair. They sent me then into the Spa fields, and came to me there. We went into the fields several days, to look out for a lad of two, but could light of none fit to do the job, as they call'd it.

* See the trial of Joshua Kidden , a porter, No. 129, in Mr. alderman Rawlinson's mayoralty; compare that with No. 30 in the same mayoralty; and 140 in Mr. alderman Winterbottom's.

Q. Who went there with you?

Blee. Only Berry and Macdaniel. On the 15th of July, I remember it very well to be on a Monday, Berry sent me to Macdaniel's house to get him to come to him. Then he order'd me to go into the Spa fields, and sit upon a hill. I went, and believe I sat there two hours, to see for a man or two. Macdaniel came to me, and said Tom, there are Mr. Berry and Salmon the breeches-maker coming to Sir John Oldcastle's. I went down there along with him, to the farthest arbour on the left-hand, where sat Berry and Salmon; they bid me sit down, and drink some beer along with them. There we had some discourse about where the robbery should be committed; one said on this side New-Cross turnpike. Macdaniel said, d - n you, it had better be near Blackheath. Berry said that will be too far off; suppose it be near the four-mile stone (there the robbery was committed.)

Q. What reason did they give that it should be done in that particular spot?

Blee. For the reward given by the parish of Deptford; they did it for the reward, and nothing else.

Q. Did they all three agree to that ?

Blee. They did; at that time Berry said we must have one for the fence.

Q. What did he mean by the word fence ?

Blee. That is, for a person to buy the goods after Salmon was rob'd of them.

Q. Did they agree he should be the person to be rob'd?

Blee. They all did agree to that, and that Eagan should be the fence.

Q. Did Salmon agree to be rob'd?

Blee. He did. Then they talk'd about a handkerchief of Macdaniel's, for Salmon to be rob'd of. Macdaniel said it would do very well. Salmon said I have a better than that; I have one that is mark'd with four holes, a hole at each corner. This was to put the things into, that they could swear to; and he said he would make two pair of breeches, and mark them under the pocket with I S and a figure of 4, that he might swear to them again. Then they talk'd about having a halfpenny mark'd. Macdaniel said he had a pocket-piece ( that his wife bought for three-pence and a halfpenny worth of gin) which was agreed upon, and mark'd by Eagan afterwards, because they should swear to it.

Q. What was to be done with that pocket-piece ?

Blee. It was to be given to Salmon the breeches-maker to be rob'd of. Then Macdaniel said he had got a tobacco-box, a very particular one (I believe I have fetched fifty halfpenny-worths of tobacco in it for him.)

Q. What was to be done with that tobacco-box?

Blee. That was to be given to Salmon, that he might be rob'd of it.

Q. Was there any thing else agreed upon there?

Blee. There was a knife and fork, that he might be rob'd of also. This was all that pass'd at Sir John Oldcastle's. Then Berry told me to go about my business; and said he would let Eagan know.

Q. Where did you live then?

Blee. I lay in Berry's hay-loft then; because my money was gone that I had on the affair of Kidden (who was hang'd wrongfully) he turn'd me out of his house into his hay-loft. The next morning Berry call'd me in, and said he had been at Eagan's, and he had agreed to be the sence. Then he bid me meet him at the Bell in Holbourn. I went there, and found them all four together, Macdaniel, Berry, Eagan, and Salmon.

Q. When was this?

Blee. I believe it was about three or four days after he had told me Eagan would be the sence?

Q. Was this the only meeting they were all four together at?

Blee. It was. We agreed then to get two people to go upon the scamp, or highway; and if we could not get two, to get one. Berry said there would be twenty pounds a piece (he always paid the money.) Macdaniel never had any money but what his wife gave him at a shilling a day.

Q. Was the business talk'd over there?

Blee. It was, and that Salmon should be the person to be rob'd, and Eagan the fence; and that it should be committed between Newcross turnpike and the four-mile stone; because there was money given by the parish.

Q. Was this agreed upon by you all five?

Blee. It was.

Q. Was the pocket-piece mention'd?

Blee. It was; and that it should be mark'd by Eagan with a tool (I saw that bought.)

Q. What is the man at the Bell's name?

Blee. His name is Hunter.

Q. Did you in pursuance of this consultation procure any body?

Blee. I did. Peter Kelly and John Ellis . I had orders from Berry to tell them I knew where to get a brave parcel of lullies, if they would go with me down to Deptford.

Q. What did you mean by lullies ?

Blee. That is a word used for linen. I meant to steal some linen.

Q. When was the first time you told the prisoners you had met with these two young men?

Blee. I can't justly tell the day of the month; but it was mention'd several times.

Q. For what reason was you to tell them of getting a parcel of lullies?

Blee. I knew them to be lads of very bad life; but I mention'd it to get them to go along with me to commit this robbery on Salmon; they did not know any thing of that robbery being to be committed. I know, the first time I told Berry and Macdaniel I had got these two lads, was on a Monday; the next day was Tuesday the 23d, when the white regiment marched; they bid me go to the Artillery-Ground, and take the boys with me there; where Macdaniel and Berry saw them.

Q. Did they all four see the boys?

Blee. They did. Eagan went from Macdaniel's house to the Fleet-Market on purpose to see them, and he approved of them. When Berry and Macdaniel had seen them in the Artillery-Ground, I said to Berry, do you think they will do? He said yes, Newman and March were less than they. (See their trial in No. 496 and 497 in Mr. alderman Cockayne's mayoralty.)

Q. Who were March and Newman?

Blee. They were persons that they had hang'd. Macdaniel said I have done less than they over at Kingston.

Q. What did he mean by doing them over?

Blee. He meant hanging them.

Macdaniel. Now he knows he is telling a lye.

Q. Did they all approve of the two boys?

Blee. They did. Berry gave me money to treat the boys after they were approved of?

Q. What was the next thing?

Blee. I think on the 29th of July I met Berry at the Plumb-tree alehouse: he gave me 2 s. 6 d. in silver, and a half-crown piece.

Q. Were any of the others by at the time?

Blee. There were Macdaniel and Salmon.

Q. What did he give you that money for?

Blee. Berry said, d - n you, my lord, go and flash this to them, and tell them you got this last night by a brave parcel of lullies. I was to shew it all at once, and to tell them I was to go to the sence for more. I went with them to Little Britain, and gave them some bread and cheese. I then left them, and said I'd soon return. I went then to Berry, Macdaniel, and Salmon, who were all three together. I said you must meet me at such a place; Berry said where? I said at the Bell, in the Borough. Then I return'd to the boys, and took them round Tower-Hill, to delay the time, till Berry could get there. I went in at the Bell, and gave the boys a halfpenny worth of gin each; there sat Berry. As we were coming out of the door Kelly said G - d d n you, there is that old thief-catching son of a b - ch, your master. I said I don't belong to him now; let us go on. I then bought a breast of lamb for breakfast. Berry the Saturday before had given me 6 d. to go and pick a house out, where to bring them to after we had done the robbery, that they might be taken.

Q. Was it agreed that Eagan should be the fence at all the places where you talk'd of it?

Blee. It was; and he had notice of it, and where to meet.

Q. How do you know that?

Blee. Because I met him in Hatton-Garden, and he told me of it; and gave me a halfpenny to buy me a dram at the White-Lion.

Q. Did you go to the house you had before pick'd out?

Blee. We did, and drank pretty heartily; then we went into the fields, because it was too soon to do the job. Berry had ordered me to go to the sign of the Ship at Deptford.

Q. Was it any part of the agreement where Salmon should be?

Blee. I was to meet Salmon at the sign of the Ship, he was to come in accidentlly; they all knew of it, and agreed upon it. When I and the boys went to the Ship, neither Berry nor Salmon were there; we drank part of a pint of beer, and then I said I had got a relation in the town that I must go and see. I went out and saw Berry, he call'd me, and he and I went to a publick house, I think it was the Duke William's Head; he gave me part of a pint of beer, and said, go over to the Ship, Salmon shall come to you presently. I went and said to Kelly and Ellis, we may as well go in; they were sitting at the door.

Q. What time of the day was this?

Blee. It was about the dusk of the evening, I can't justly say to the hour. After we had eat some bread and cheese, Salmon came in with a blue and white handkerchief and a bundle in it (I knew what was in it) he clap'd himself with his back against the dresser (I also then knew the tobacco-box was in his pocket, and the money in it.)

Q. Were there any other company in the house?

Blee. There were several other people there. Salmon called for a pint of beer, and talked as if he had been to Deptford Yard; (it had been before agreed upon, for him to say he had been there with some breeches) then he said he was going to London (he was to say so.)

Q. Was you to take any notice of him?

Blee. No, I was not. About 5 or 6 minutes after this, Berry came by and look'd in at the window, and nodded his head to me. I went out with a pretence to make water; he said, d - n you, when Salmon comes out do you follow him. I went in and asked what was to pay, and paid it, and gave the boys a quartern of gin; (Berry told me afterwards, he lay behind the four-milestone and saw Salmon rob'd.) We followed Salmon as Berry ordered me, and as Salmon was making water Kelly said, G - d d - n me, there is that old son of a bitch the old breeches maker; his son and I have been picking pockets together many a time, let's scamp the old son of a bitch. I walked up to him; he said here, take the handkerchief, and gave it me, and I gave it to Kelly, and Kelly gave it to Ellis; Salmon said, what I have is in my left-hand pocket, Kelly took it out, it was in a tobacco-box, and he took out a knife and fork also and put the tobacco-box in his pocket; then away we walked very coolly to the Turnpike, there were several people coming backwards and forwards; then we went to Kent-Street. Berry gave me sixpence before to pay for my lodging.

Q. Did you say you knew that tobacco-box before?

Blee. I have seen it I believe a thousand times; the unicorn has got never a horn upon it.

Q. Can you swear to the handkerchief?

Blee. I believe I can.

Q. Can you swear to the pocket-piece?

Blee. I believe I can; I have never seen them since I was here last.

Q. To what place was you to come that night?

Blee. I was to come to the Black Spread-Eagle, but we were to lie at a woman's house in the neighbourhood. They appointed me to come to the White Bear in the same street; I went there, and there sat Berry and Salmon; says Berry, G - d d - n that son of a bitch Mack, he is not come yet, you must turn back again, and Eagan shall go along with you. I went, and Eagan followed me; I said, I must buy something for breakfast, so I went and bought a lamb's liver, and said to him, do you go on (he knew where to go as well as I could tell him.)

Q. What was his business?

Blee. He went on purpose to buy the goods.

Q. Was it agreed amongst you all that you should take the boys there?

Blee. It was. I brought in the liver and began to cut it, and said to Kelly, may be that man will buy the breeches, for he deals at Rag-fair (but he is a cobler.) Then I said to him, my friend will you buy two pair of breeches? Eagan said, what do you ask for them? I said 6 s. said he I'll give you 5 s. said Kelly he shall have them; then said Egan, my wife has not been here and I have not got any more money. I said, will you stay and eat a bit with us? Then he said (as we had agreed before) landlord, let me have a half-penny worth of tobacco; and felt in his pocket, and said I have lost my box. I said to Kelly, let us sell him the box; no, said Kelly, I had rather ding it.

Q. What did he mean by ding it?

Blee. That is, fling it away. Then said Kelly I'll sell you a tobacco box, and shewed it to him; Eagan said what do you ask for it? Kelly said 6 d. said Egan, I'll give you a pot of twopenny; well said I, you shall have it. We then played at a game called the devil and taylors, and I went out under pretence to get shaved and left them at play, and went to the White Bear. Berry and Salmon were gone; then Eagan came and called me into the Elephant and Castle, and said where is your great coat? I said I left that in the house; he said Macdaniel is come, and bid me be quick and fetch it. I went and took my great coat, and said I'll go and get shaved, and away I went down from the Black Spread Eagle to the Elephant and Castle; there was Berry, who said, get away as fast as you can to the Bell in the Borough, but be sure you get shaved as you go along. Berry came in and said D - n you, the job is done Tom, now you'll get 20 l. by this. Then we went over London Bridge, and into Paul's Church yard; where I saw Mr. Rogers. Berry said go along, don't let us be seen together.

Q. What became of the boys?

Blee. They sent me out of the way, fearing they would squeak against me.

Q. Were they taken?

Blee. They were.

Q. Did you see them after this?

Blee. I never saw them after 'till I saw them at Maidstone. I know the prisoners intended to hang them for the reward, and nothing else.

Q. Look at this tobacco-box. (It is put into his hand.)

Blee. This is the same box that I fetched tobacco in for Macdaniel.

Q. Look at this medal. (He takes it in his hand.)

Blee. I believe this to be the same; this, Macdaniel's company-keeper bought at the Two Blue-Posts in Holbourn. After this, Berry lent me 1 s. 6 d. to go to Uxbridge fair, because I should not be taken: If I had been taken Salmon was to swear I was not the man, and that he never saw me in his life time (and I suppose he'll say now he never saw me.) When I came back from the fair, Berry told me there had been three or four men to look after me, I believe Mr. Cox was one, but Berry said d - n it Tom you need not be afraid.

Q. Was you apprehended ?

Blee. I was, in Newgate-Street.

Q. Who took you up?

Blee. Mr. Cox and Mr. Warrin, of Greenwich.

Q. Was that the first time of your discovering this affair?

Blee. It was. They met me and ask'd me if my name was Blee; I said no, my name is Lee; said they, you are the man we want: I said don't make many words, when we get to a proper place we'll talk about it; and I told them it of my own good will.

Q. From the time you met Berry in the Borough when the boys were taken, 'till such time you were to go down to the assizes; how often had you been in company with Berry and Macdaniel.

Blee. Several times; they told me I need not be afraid of any thing, for if I was taken Salmon would swear I was not the man.

Q. Look at this handkerchief. (He takes it in his hand.)

Blee. This is the same handkerchief.

Q. Look at these two pair of breeches.

Blee. These are the two pair of breeches that Salmon mark'd and took with him, on purpose to be robbed of.

Q. Look at this knife and fork. (They were clasp ones that book'd together in the hasts.)

Blee. These are the same. The fork was dropped in the house where they were taken, and the drummer found it afterwards.

Q. from Berry. He says he came to my house in June, to go into Cold-Bath-Fields; ask him whether he dared to come into the yard, when there had been two robberies committed in the yard; one by robbing two coaches of the brass, and another for running away with a man's money; and whether there was not a warrant against him.

Blee. Here are several people can prove I was there then. There was a warrant against me, Berry's son, and himself; one Mr. Price had got it for stealing some bullions out of a coach, but then they had one to take me upon Kidden's affair, and Berry concealed me in his own house.

Berry. He had robbed the Foundling-house, and there were three warrants against him.

Eagan. I know Berry was not at the taking of the prisoners in Kent-Street.

Salmon. I never was in a house with Blee in my life, or ever drank with him; if any person can say I ever was in a house with him, or drank with him, I'll be hang'd up directly.

John Sams . I know all the prisoners.

Q. Did you ever see them all four together?

Sams. I have seen three of them together.

Q. Where?

Sams. At the George, on Saffron-Hill.

Q. How often have you seen them together?

Sams. More than twenty times.

Q. Which three?

Sams. Macdaniel, Berry and Eagan.

Q. Did you ever see Blee in company with them?

Sams. I have seen Blee come backwards and forwards to them.

Q. Did he appear to be acquainted with them?

Sams. He did, and was frequently with them at Berry's house; my stable was opposite to Berry's.

Q. Was it before the robbery at Deptford, that you have seen them together?

Sams. It was. I have drank with Macdaniel, Berry and Egan at the George on Saffron-Hill.

Q. from Berry. Did you see Blee come into the yard at the time he mentions?

Sams. Yes I have, and he used to run away.

Q. Have you seen Berry and Blee together at that time?

Sams. I have.

Berry. If your lordships pleases to look into the course of the other trial, he does not say any such thing there at all.

Council. It was the same in substance as he has said now.

James Price . I know all the four prisoners.

Q. Do you know Blee?

Price. I do. I had a warrant against him, which made me know him; I had lost some bullions out of my coach, and had a warrant against him, Berry, and his son: Berry threatned me, that he and Blee would knock my head off, so I put him in the warrant.

Q. Were Blee and he acquainted, can you tell ?

Price. They were very well acquainted; Berry kept Blee out of my way, so that I could not serve the warrant.

Q. Where did he keep him?

Price. He kept him in his house; I sent one of my servants to fetch a constable, and while he was gone, Berry's son let him out at the door and ran away.

Q. Are all the prisoners and Blee acquainted?

Price. They are all very well acquainted.

Q. from Berry. Was Blee in my house?

Price. I saw him go into your house.

Berry. Why did you not take him ?

Price. Because I had no warrant.

Berry. Any body might take a thief.

Q. from Eagan. Did you ever see me speak to Blee?

Price. I saw you, Macdaniel, Berry, and Blee all together.

Eagan. When?

Price. In August last.

Q. What visible way of living have these people.

Price. I believe that with which they are accused.

James Kirby . I know Berry, Macdaniel and Salmon.

Q. Do you know Blee?

Kirby. I do.

Q. Have you ever seen him and the others together ?

Kirby. I have divers times.

Q. Did you ever see them at any publick-house together.

Kirby. I think I saw Berry and Mackdaniel at the Two Brewers upon Saffron-Hill together.

Q. When did you see them, at any time when Blee was there?

Kirby. I think I saw Berry, Macdaniel and Blee together at the Union-Arms, in Union-Court, Holbourn.

Q. Did they seem to be acquainted together ?

Kirby. They did. I think I saw Macdaniel and Berry once at the Union-Arms door after that, they seemed to be acquainted then.

Q. Look at this tobacco box. (He takes it in his hand.)

Kirby. I think this is the same tobacco box that belonged to Macdaniel.

Q. Have you seen it before?

Kirby. Once I did.

Q. Where?

Kirby. At the Union-Arms, Macdaniel shewed it me. Note, It had a rose in the middle, and the lion and unicorn as supporters to the king's arms, in hasle relvs, on the lid.

Elizabeth Pragnell . I live in the Broadway Deptford, and keep the sign of the Ship.

Q. Look at the prisoners at the bar, see whether you can recollect seeing any of them at your house at any time?

E. Pragnell. I saw Macdaniel and Salmon there.

Q. Did you ever see the evidence there ?

E. Pragnell (She looks at him.) I did.

Q. When?

E. Pragnell. On the 29th of July, 1754, in the evening, I can't justly tell the hour.

Q. Was he alone?

E. Pragnell. No, there were two young lads along with him.

Q. What were their names?

E. Pragnell. I did not know their names then, but after that I heard their names.

Q. Did you ever see them after that?

E. Pragnell. I saw them after that at Maidstone.

Q. What names did the two lads go by there?

E. Pragnell. They went by the names of Ellis and Kelly.

Q. Were they in company with Salmon at your house?

E. Pragnell. No, they were not; they were only in company with Blee while Salmon was there.

Q. Which went out of your house first, Salmon or they.

E. Pragnell. They all three followed Salmon out.

Q. Had Salmon any thing with him?

E. Pragnell. Salmon had a small bundle tied up in a handkerchief.

Q. Did you see the two boys soon after this?

E. Pragnell. The next morning they were in custody and Macdaniel with them; they called at my house.

Thomas Sergant . I know Mackdaniel, he lived within two doors of me.

Q. Look at this tobacco box; do you know it?

Sergant. This was Macdaniel's box; he came in for a penny worth of purl one morning and shewed me this box, and said is not this a very odd piece of curiosity? I said yes, but it is imperfect, for the Unicorn has lost its horn. Blee has often come with this box for tobacco for Macdaniel; Blee passed for Macdaniel's servant, and Macdaniel used to leave his key at my house for Blee.

Henry Sergant . I know all the prisoners. The robbery was committed on Salmon the 29th of July, 1754. Salmon, Eagan and Macdaniel came to Greenwich and enqured for a constable; they brought the two boys Ellis and Kelly; there were two pair of leather breeches mark'd I. S. and a figure of 4 under the right hand pocket. I was constable; they said Ellis and Kelly had robbed Salmon.

Q. Did they all agree in that story?

Sergant. They did all agree in it, and the things were produced before justice Bell; the justice gave them into my hand, and desired I would seal them up.

Q. Who produced them before the justice?

Sergant. One of the three did, but I can't say which.

Q. What things were there?

Sergant. There were two pair of breeches, a tobacco box, a clasp knife, but no fork (that was produced afterwards) and a piece of money as big as a shilling, and a handkerchief.

Q. Look at this box. (He takes it in his hand.)

Sergant. This is the box.

Q. Look at this piece of money.

Sergant. This is the same piece.

Q. Look at the breeches.

Sergant. They are the very same.

Q. Look at this knife.

Sergant. It is the same knife.

Q. Look at the handkerchief. (The handkerchief had four holes in it, two at each corner.) He looks at it.

Sergant. This is it.

Q. What became of the two boys?

Sergant. They were committed, and I carried them to Maidstone jail. Upon the road going along they told me there was one concerned in the robbery with them named Blee. Mackdaniel told me, as I was but a young constable he should take the money for their conviction and he'd pay me my money. Berry said at the assizes, if Ellis and Kelly were not convicted, he must beg his way home, and if they were convicted, we should have a goose for supper that night. He had no business there as I know of, only he was afraid his partners would cheat him.

There were several other witnesses ready in court to be called, but these having confirmed Blee in every thing, it was looked upon as needless to call any more.

Berry's defence.

This Blee never dared to come into my yard at any rate; had I been in Kent-street at the time the boys were there, why should we go so far back as to the Bell? what they have sworn against me is entirely false, as I hope to enter into the kingdom of heaven.

Mackdaniel's defence.

I have sent to the Bell at Holbourn to desire the man of the house to come, the people said they never saw us all three in their lives; I sent for all the servants to come into Newgate among the smuglers, they all declared they never saw any of us there in their lives. The maid at the Cherry-tree said, at the last trial, she never saw me there in her life. I happen'd to have the misfortune to bail a man for 200 l. who ran away to Dunkirk, they came and broke open my door, they fired, at me but missed me, one of them was so eager to get at me that he shot Thomas Sergant 's kinsman in the shoulder, I ran out naked, they laid hold of me and took me up again, they fractur'd my skull, kept me there and sent to all my creditors, who seeing me so cut gave me two years to pay it in; I gave his kinsman 8 guineas, then I was let out. I have since been an officer and have had an opportunity of coming a little round in the world. I took an execution out against his kinsman, his name was Shields, and arrested him at the suit of one Mr. Munk, he got his kinsman rescued from me, I was fixed for the money and broke in the Marshal's-court; then I was obliged to keep a little shy. This Shields entered into a gang of thieves, he cut a man in Bloomsbury-square and robb'd a gentlewoman, and was cast and hang'd for it. I was forced to move my goods and come down to Mr. Sergant's, and said I'd pay my landlord when it was in my power. Sergant said when it was in his power he'd be up with me.

Eagan's defence.

On the first trial this Sergant could not take upon him to swear that tobacco box was Macdaniel's, and now he swears it is Macdaniel's box.

Macdaniel. The tobacco box I had was twice as big as that he has; as for that Sams that swears against me, I had a warrant against his wife for buying stolen goods, and now out of spight he swears against me; he once owed me 7 guineas, and I was troubled to get it out of his hands.

Salmon's defence.

I never was in any house, field, or any where else with Blee in my life.

All four Guilty .

[Imprisonment. See summary.]

[Pillory. See summary.]

[Provide sureties for good behaviour. See summary.]

[Fine. See summary.]

Thomas Broadhurst and Christopher Wade , capitally convicted in December sessions, and Alexander Tompson and John Boswell , capitally convicted in January sessions, were executed on Monday the 13th of February.

The trials being ended, the court proceeded to give judgment as follows:

Stephen Macdaniel , John Berry , James Eagan , otherwise Gahagan, and James Salmon , to be imprisoned in Newgate for the term of seven years; and in that time to be each of them set in the pillory twice, in the manner following; Macdaniel and Berry in Holbourn, near Hatton-Garden; Eagan and Salmon in the middle of Smithfield. Afterwards Macdaniel and Berry at the end of King-Street, Cheapside; and Eagan and Salmon again in Fleet-Street, near Fetter-Lane end; and at the expiration of that time to find sureties for their good behaviour for three years, and to pay a fine of one mark each.

Thomas Broadhurst and Christopher Wade , capitally convicted in December sessions, and Alexander Tompson and John Boswell , capitally convicted in January sessions, were executed on Monday the 13th of February.

William Rutherford and Andrew Brinkworth died in Newgate before the Report was made.

Stephen Macdaniel, John Berry , James Eagan , otherwise Gahagan, and James Salmon, have each once stood on the pillory, viz. Macdaniel and Berry near Hatton-Garden, on Friday the 5th of this instant March: and Eagan and Salmon in Smithfield on Monday the 8th.